Page images

If sick, may

be licensed by

ree ive credit.

16 8, 11, 119, 31;

1712, II, 598, § 1.

SEC. 19. If any mariners or seamen belonging to any vessel or Tral Justice to vessels shall be visited with sickness, then it shall and may be lawful for any one Trial Justice, by an order under his hand, to license the master or mistress of any public house or ordinary, or any private house, to give him or them, being sick as aforesaid, credit for any sum or sums of money as the said master or mistress of any house is willing to trust for their necessary relief.

Seamen's gods. 1836, VI, 557, 23.

Articles of ship admissible dence.


1852, XII, 171, 22 1, 2.

SEC. 20. It shall not be lawful for any keeper of a public or lodging house for seamen to withhold or detain any chest, bed or bedding, clothes, tools, or other effects, of any seaman, for any debt alleged to have been contracted by such seaman; and, in case any such chest, bed, bedding, clothes, tools, or other effects, as aforesaid, shall be withheld or detained, contrary to this Chapter, it shall be lawful for any Trial Justice, upon complaint, upon oath, to be made by any such seaman, or on his behalf, to inquire into the matter, and, if he shall see fit, by warrant under his hand and seal, to cause any such property or effects so withheld or detained, contrary to this Chapter, to be seized and delivered over to

the seaman.

SEC. 21. On the prosecution or trial of any indictment under the provisions of Sections 14, 15 and 16 of this Chapter, a copy of the 1837, 577, articles of the ship or vessel, authenticated by the affidavit of the Captain, sworn to before any Notary Public or Trial Justice of this State, shall be admissible in evidence, and shall be sufficient to establish the fact that any seaman whose name appears subscribed thereto, has signed the agreement contained in such articles, until the contrary be made to appear by proof.

A misdemean

or to impress sea. men.

SEC. 22. That any attempt, by fraud or force, to ship, against his will, any person, as a seaman, on board any vessel in any port in 1855, XII,402, 21. this State, is hereby declared a misdemeanor, to be punished by fine and imprisonment, at the discretion of the Court.

In trials under this Chaoter ev

of vessel my be

SEC. 23. That when any prosecution shall be commenced against dence of mister any person under the provisions of Section 22 of this Chapter, and, taken de bene also, under the provisions of Sections 14, 15 and 16 of this Chapter, 1852. XI. 17, providing for the punishment of harboring seamen who have de18, XII, serted, and it shall appear to the Trial Justice before whom the


402, 22.

prosecution was commenced, that the testimony of any master of a vessel or other transient person will be important on such trial, such Trial Justice shall have authority, after five days' notice to the party accused, to summon such witness before some Judge of the Court of General Sessions, or the Recorder of the City Court of Charleston, to appear and give evidence in the said matter, when such witness shall be examined, with the right to the party accused to examine or cross-examine such witness, as in trials in open Court; and the

Judge or Recorder shall certify and seal up such evidence, to be used on the trial of the cause, in the same manner as if the same had been given orally on such trial: Provided, That such testimony shall in no case be used unless it shall appear by the affidavit of the Trial Justice before whom such prosecution shall have been commenced, that such witness is not at the time of such trial within the jurisdiction of the State.

continuance a


SEC. 24. That defendants, in cases arising under Section 22 of No traverse or this Chapter, and defendants in all cases arising under the several lowed without Sections in relation to harboring deserted seamen, shall be deprived 1855,X11,402, 23. of the right of traverse or continuance, without cause shown at the term of the Court where indictment is found, any law or usage to the contrary notwithstanding.

Master of ves

brought into

1712,11,596, 12.

SEC. 25. That every master of any ship or vessel that shall bring sel liable for any sick, lame or maimed seamen into this port, shall maintain and ma med seam-b keep them here, and when they depart this port, shall carry them port. off, or give sufficient security to the overseers of the poor, for the maintenance and charge of the sick, as aforesaid; and every master, as aforesaid, that shall neglect or refuse the same, or any part thereof, shall forfeit the sum of two hundred and fifty dollars, for the use of the poor; and every person that shall entertain any such lame or maimed seaman, as aforesaid, without the knowledge and consent of the overseers of the poor, or any of them, shall keep and maintain him or them so entertained at their own proper costs and charges. SEC. 26. If the sick or lame, as aforesaid, shall not be in a con. dition to be carried off, without danger of their lives, of which the overseers of the poor, as aforesaid, or any two of them, are judges, then the master of the said vessel, and not otherwise, shall pay or cause to be paid into the hands of the overseers of the poor, towards the maintenance and support of such person as aforesaid, all the wages that shall be due to the said person and no more, anything herein contained to the contrary notwithstanding.

If unable to be moved master to pay them wages in full. Ib., 597, 13.

Masters lodging seamen in

1808, V, 574.

SEC. 27. That all masters of vessels, and others, lodging seamen in the jails of this State, for desertion, shall, previously thereto, jail to give bond. give bond, with security, to the Sheriff of the County, to be by him approved, in the sum of five hundred dollars, for every seaman so lodged in any jail in this State, with a condition that he or they shall be bound to take away the said seaman or seamen from the jail, and pay the expenses thereof.

Procurers of seamen not to vessels without permis.

SEC. 28. That it shall not be lawful for any broker, shipping master, or other person engaged in the business of procuring seamen board for vessels, or furnishing them with such seamen, or making con- sion of master. tracts for their services, to enter or attempt to go on board of any 1852, XII,171, §3. vessel lying at any port or in any waters within the jurisdiction of

[blocks in formation]

this State, except as herein provided, without having previously obtained the permission of the master or other person having the care, custody, and control of such vessel, and any such person so entering any vessel, as aforesaid, without such permission, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by fine and imprisonment at the discretion of the Judge who tries the case, not to exceed three hundred dollars and three months' imprisonment.

SEC. 29. It shall be lawful for the master or other person having the command of the said vessel, or the care, custody, and control of the same, to seize and arrest all persons while so offending, and to take them before any Trial Justice, to be committed or bound over to appear as in other cases of misdemeanor.

SEC. 30. Upon the trial of any person indicted under the twentyeighth Section of this Chapter, in case it shall be proved that any such person shall have entered or attempted to go on board of any vessel within the jurisdiction of this State, it shall be obligatory upon the person accused to prove that he had previously received the required permission, and, in default of such proof, such person shall be presumed to have entered without such permission, and be found guilty accordingly.



baggage claimed,



1861, XIII,62,210

[blocks in formation]

SECTION 1. Every railroad corporation, express company, and how the proprietors of every steamboat engaged in the transportation of disposed of. passengers and freight, or either, which shall have had unclaimed freight or baggage, not perishable, in its possession for the period of at least one year, may proceed and sell the same at public auction, To be adver after giving notice to that effect in one or more newspapers published in the State, or at the place where such goods are to be sold, once a week, for not less than four weeks, and shall also keep a notice of such sale posted for the same time in a conspicuous place in the principal office of the said company.


SEC. 2. Said notice shall contain, as near as practicable, a description of such freight or baggage, the place and time, when and where left, together with the name and residence of the owner of the freight or baggage, or person to whom it is consigned, if the same be known.

Contents of advertisement


Ib, 11.

SEC. 3. All moneys arising from the sale of freight or baggage, Moneys thereas aforesaid, after deducting therefrom charges and expenses for the from, how ditransportation, storage, advertising, commissions for selling the property, and any amount previously paid for advances on such freight and baggage, shall be paid by the company to the persons entitled to receive the same.

Books of sales

to be kept for


SEC. 4. The said company shall keep books of record of all such sales as aforesaid, containing copies of such notices, proofs of ad- inspection. vertisements and posting, affidavit of sale, with the amount for which each parcel was sold, the total amount of charges against such parcel, and the amount held in trust for the owner; which books shall be opened for inspection by claimants, at the principal office of the said company, and at the office where the sale was made.

[blocks in formation]


Obstructions in rive.s ; close

1870, XIV, 338;

SECTION 1. That at no time during the year shall there be any time; penalty. permanent obstructions, of any kind or nature whatever, in any of 1871, XIV,601 the inland creeks, streams or waters of the State, to the free migration of fish; and there shall be a close time in all the creeks, streams and inland waters of this State from the setting of the sun each Saturday, until the rising of the sun on each Monday, during which time all seines, nets, wires, or any plan or device for the stoppage or catching of fish which obstruct more than two-thirds of any stream, other than a dam for manufacturing purposes, shall be removed from said crecks, streams or waters, and the owner, in whole or in part, of any such obstruction, plan or device shall be liable to a fine of twenty dollars for each and every offence, one-half to go to the informer, and the other half to the use of the County in which such obstruction is found.

Fishways to be constructed.

Ib., 661, § 2.

Impurities not

to be cast into fish streams.

Ib.. 3; 1726, III, 270, 2.

Fish sluices to

be designated.

1837, VI, 569, §


Rich., 484.

Penalty obstructing.

SEC. 2. All manufacturing companies or persons who have erected, or may erect, artificial dams across the inland creeks, streams or waters of this State, which prevent the migratory fish from ascending the same, shall construct proper fishways over the same; and should such manufacturing companies or persons refuse or fail so to do, they shall be liable to a fine of five thousand dollars, recoverable by the County in which such dam has been or may be erected, in a Court of competent jurisdiction.

SEC. 3. Should any person or persons cause to flow into, or be cast into, any of the creeks, streams or inland waters of this State, any impurities that are poisonous to fish or destructive to their spawn, such person or persons shall, upon conviction thereof, be punishable with a fine of not less than five hundred dollars, or imprisonment of not less than six months in the County jail; the fine to go one half to the informer, and the other half to the County.

SEC 4. It shall be the duty of the Commissioner of the Bureau 1927, VI. 340; of Agricultural Statistics to designate the fish sluices on the several rivers, so as to leave one or more passages for fish up the said river, which sluices shall be sixty feet wide, or, where there are two or more such sluices, they shall be, together, sixty feet wide; and when for they shall be so designated, it shall be lawful for any person to open such sluices; and if any person shall obstruct any such sluice, when once opened, so as to prevent the free passage of fish up same, and every part thereof, he shall be deemed guilty of a public Disposition of nuisance, and, on conviction thereof in the Court of General Se-sions, shall be fined one hundred dollars, and shall stand committed until such fine shall be paid, for a time not exceeding ten days, at



« PreviousContinue »