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Certain transfers of effects of partners void.

Ib., 19.

Special liable

ners, when.

over other creditors of such partnership; and every judgment confessed, lien created, or security given by such partnership, under the like circumstances and with the like intent, shall be void as against the creditors of such partnership.

SEC. 19. Every such sale, assignment or transfer of any of the property or effects of a general or special partner, made by such general or special partner when insolvent, or in contemplation of insolvency, or after, or in contemplation of the insolvency of the partnership, with the intent of giving to any creditor of his own, or of the partnership, a preference over the creditors of the partnership; and every judgment confessed, lien created, or security given, by any such partner, under the like circumstances and with the like intent, shall be void as against the creditors of the partnership.

SEC. 20. Every special partner, who shall violate any provision as general part of the last two preceding Sections, or who shall concur in or consent to any such violation by the partnership, or by any individual partner, shall be liable as a general partner.

Ib., 20.

When not to

SEC. 21. In case of the insolvency or bankruptcy of the partclaim as creditor. nership, no special partner shall, under any circumstances, be allowed to claim, as a creditor, until the claims of all the other credi tors of the partnership shall be satisfied.

No dissolution

in Clerk's office. Ib., 22.

SEC. 22. No dissolution of such partnership, by the acts of the until notice filed parties, shall take place previous to the time specified in the certifi cate of its formation, or in the certificate of its renewal, until a notice of such dissolution shall have been filed and recorded in the Clerk's office in which the original certificate was recorded, and published for three months in two or more newspapers most contiguous to the place or places where such partnership exists, and be posted on the door of the court house of the County in which the partnership may be located.

Clerk's fees.
Ib., 23.

Names of firm

Ib., & 24.

SEC. 23. The Clerk of the Court shall receive for his services the same compensation now allowed by law to the Register of Mesne Conveyances for similar services.

SEC. 24. Every mercantile partnership in this State, in addition to be kept posted to a proper or conspicuous signboard or plate, containing the name and style of the firm, shall post up and keep posted up, in some conspicuous place, at the business stand and stands of the firm, the given and surname of each member of the firm, under pain, in case of default, of being sued and proceeded against, without naming the individual members of the firm, and also of forfeiting and paying, individually and each, the sum of fifty dollars to any one who shall sue for the same, for each and every month they shall make such default as aforesaid.

Forfeiture for default.

SEC. 25. Any person or persons who shall post up a plate or signboard, representing himself or themselves as being united with another or others in partnership, under the addition of the word "Company" or "Co.," or shall otherwise make such representation, when, in fact, such other or others are not united with him or them in partnership, as aforesaid, he and they shall each be subject to forfeit and pay, as aforesaid, the monthly penalty prescribed in Section twenty-four of this Chapter.

SEC. 26. That nothing contained in the last two Sections shall apply to the special partners of a limited partnership.

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No part of cap ital stock to be

Ib., 25.

SEC. 27. No part of the sum which any special partner shall have contributed to the capital stock shall be withdrawn by him, with irawn. or paid, loaned or transferred to him as profits, dividends, or otherwise, at any time during the continuance of the partnership; but any partner may annually receive lawful interest on the sum so contributed by him, if the payment of such interest shall not reduce the original amount of the capital after payment of all the ed." debts of the partnership; and if, after the payment of such debts and interest, any profits shall remain, he may receive his portion thereof.

SEC. 28. Any creditor of a limited partnership may, at his option, include in his suit against the same the special partner or partners who may become liable as general partners, by failing to comply with the provisions of this Chapter; and all the facts necessary to affirm or negative the liability of such special partner or partners may be given in evidence under the general issue; and the failure of the plaintiff to establish such liability shall not be cause of non-suit.

Interest allow

Against whom creditors

bring suit.

16., 26.



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Rules for mea


SECTION 1. That all ranging timber bought or sold in the markets of this State shall be by board or superficial measurement; and any person or persons who shall buy or sell ranging timber in or 1.

1855, XII, 431,

for the markets of Charleston or Georgetown, or any other public market in this State, by the rule known as "side and edge measurement," that is to say, by adding the side to the edge, multiplying Penalty for v. by the length, and dividing by twelve, (side edge X length twelve,) shall be fined for every such act of buying or selling not less than one hundred dollars, and not more than three hundred dollars.


None to be

board measure


SEC. 2. No timber shall be sold or purchased in the city of forexcept by Charleston by any mode of measurement except that denominated board or superficial measurement, (unless by special contract between the parties,) which shall alone be done by the Inspectors or Surveyors of Timber in the city of Charleston.


1853, XII, 291,

City Council

elect Inspectors annually; bond;


Ib., 82.


SEC. 3. The City Council of Charleston shall elect annually, one of Charleston to or more Inspectors, and Surveyors of Timber, who, before entering the duties of his or their office, shall severally execute a bond to the said City Council, in the penalty of two thousand dollars, with good sureties, for the faithful performance of the duties of his or their office; and shall also take and subscribe the following oath, to wit: "I, A. B, do solemnly swear (or affirm, as the case may be,) that I will faithfully perform all the duties of Inspector and Surveyor of Timber, in the city of Charleston, as prescribed by the Act of the General Assembly providing for the same: So help me God." And said bond shall be recorded in the office of the Secretary of State, and shall be liable to suits at the instance of the State of South Carolina, or of individuals suffering loss by the violation of the provisions of this Chapter.

Inspectors to measure timber


Ib. 33; 1856, XII, 580.

SEC. 4. It shall be the duty of the said Surveyors and Inspectors as herein direct- to measure all timber in the manner aforesaid, brought for sale to the city of Charleston, at the request of any person owning or buy ing the same, and shall give a certificate to such person, specifying the quality, and kind, and quantity of such timber, and the number of pieces in each raft; which certificate shall be evidence of the matters stated therein, as between the owner and purchaser thereof. But nothing herein contained shall prevent any person or persons from buying or selling timber in bulk without measurement.

Sale of timber in bulk.





tor without bond.



SEC. 5. The said Inspector and Surveyors shall be entitled to demand and receive from the owners of timber eight cents per thousand for every thousand feet of timber measured.

SEC. 6. Any person or persons who shall exercise the office of acting as Inspec- Inspector, Surveyor or Measurer of ranging timber, for the market of the city of Charleston, without having first given bond, and duly qualified under the provisions of Section 3 of this Chapter, shall be fined, for every such offence, not less than two hundred and not more than five hundred dollars.

1855, XII, 434, 82.

Penalty for measuring by


measurement. Ib., 435, 23.

SEC. 7. That any person or persons exercising the office of Inspector, Surveyor or Measurer of ranging timber, for any market side and in this State, who shall measure timber by the rule known as "side and edge measurement," described in the first Section of this Chapter, shall be fined, for every such offence, not less than two hundred, and not more than five hundred dollars.

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Butchers to

Market number,

marks, &c.

1796, V.279.81;

1857, XII,618,2 1.

SECTION 1. That all butchers, and others purchasing cattle for sale in the city of Charleston, are required, within forty-eight hours file with Clerk of after each purchase of neat cattle shall have been made, to file with the Clerk of the Market, in said city, the number of cattle purchased, the marks and brands appearing upon the same, and the names of the persons from whom said cattle have been purchased. SEC. 2. In every case of neglect, or refusal, to comply with the above requisition, the party offending shall be liable to a penalty of twenty-five dollars, to be recovered by indictment.

SEC. 3. The said Clerk, for receiving and filing each return, shall receive, as compensation from the person making such return, five


Penalty for neglect. Ib.

Clerk's fees.


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SECTION 1. That when any association of individuals, not having

Common car

names, &c., of interest

a charter from this State, shall undertake to carry, for hire, by rail- riers to publish road, in whole or in part, the said individuals are required to publish, parties innese. in three newspapers of this State, a correct list, to be sworn to before 1863, XI11,216,21

When to be published; pen.

one of the Clerks of Common Pleas and General Sessions in this State, of the names and residences of the parties interested in the business of carrying.

SEC. 2. The said list shall appear at least once in two months nity for tai ure, during the time they are engaged in said business; and all persons


Common law

liability not lim

notice, &c.

1864, XI11,262,$2

thus engaged in the business of common carriers, failing to make such publication, shall be deemed guilty of a misdemeanor, and liable to indictment.

SEC. 3. No public notice or declaration shall limit or in anywise ited, by public affect the liability at common law of any public common carriers for or in respect of any goods to be carried and conveyed by them, but they shall be liable, as at common law, to answer for the loss of or injury to any articles and goods delivered to them for transportation, any public notice or declaration by them made and given contrary thereto or in anywise limiting such liability notwithstanding.

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