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.

A. D. 1894.

ing seamen in

tion to give

1803, V., 574.

Sec. 501. (1659.) All masters of vessels and others lodging Masters lodg seamen in the jails of this State for desertion shall previously jail for deserthereto give bond, with security, to the Sheriff of the County, to bond. 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.

Sec. 502. (1660.) It shall not be lawful for any broker, shipping master, or other person engaged in the business of procuring seamen for vessels, or furnishing them with such seamen, or making contracts for their services, to enter or attempt to go on board of any vessel lying at any port or in any waters within the jurisdiction of 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.

Procurers of board vessels sion of master.

seamen not to

without permis

1852, XII., 171, $3.

rest offenders.

Ib.

Sec. 503. (1661.) It shall be lawful for the master or other Master may arperson 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 take them before any Trial Justice, to be committed or bound over to appear as in any other cases of misde

meanor.

Sec. 504, (1662.) Upon the trial of any person indicted under Burden of the two foregoing Sections of this Chapter, in case it shall be

proof.

Ib.

A. D. 1894.

Cruelty to animals.

1878, XVI.,

492.

Owners liable

Ib.

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.

Section 505. (2525.) Whoever shall willfully abuse or cruelly treat any horse, mule or draught animal or beast of burden shall upon conviction thereof before any Court of competent jurisdiction suffer imprisonment for fifteen days or pay a fine of fifteen dollars.

Sec. 506. (2526.) Every owner, or person having the possesto punishment. sion, charge or custody of any animal, who cruelly drives or works, when unfit for labor, or cruelly abandons, the same, or who carries, or causes the same to be carried, in or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman manner, or knowingly or willfully authorizes or permits the same to be subjected to unnecessary torture, suffering, or cruelty of any kind, shall be punished for every such offense in the manner provided in preceding Section.

Ill treatment of animals.

1881, X VII.,

XVIII., 388.

Sec. 507. (1703.) Whoever overloads, overdrives, overworks, tortures, torments, needlessly mutilates, cruelly kills, ill treats, 573, 81; 1883, or whoever deprives of necessary sustenance or shelter, or whoever inflicts unnecessary pain or suffering upon any animal, or whoever causes the same to be done, whether such person be the owner thereof or have the charge or custody of the same, shall for every such offense be guilty of a misdemeanor, and be punished by imprisonment in jail not exceeding thirty days or by fine not exceeding one hundred dollars.

Cruel work, abandonment, & C., misde

Sec. 508. (1704.) Every owner, possessor, or person having the charge or custody of any animal, who cruelly drives or works 1881, XVIII, the same when unfit for labor, or cruelly abandons the same, or

meanor.

573, § 2.

who carries the same, or causes the same to be carried, in or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman manner, or knowingly or willfully authorizes or permits the same to be subjected to unnecessary torture, suffering or cruelty of any kind, shall for every such offense be guilty of a misdemeanor, and shall be punished for every such offense in the manner prescribed in the preceding Section.

A. D. 1894.

and confine

road cars, &c.

Sec. 509. (1705.) No railroad company in the carrying or Overload ing transportation of animals shall overload the cars, or permit the ment of on railanimals to be confined in cars for a longer period than twenty-3. eight consecutive hours without unloading the same for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes beyond the control of such railroad company. In estimating such confinement, the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included; it being the intent of this Chapter to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon contingencies herein before stated. Animals so unloaded shall be properly fed, watered and sheltered during such rest by the owner or person having the custody thereof, or, in case of his default in so doing, then by the railroad company transporting the same, at the expense of the owner or person in custody thereof; and the said company shall in such case have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals authorized by this Chapter. Any company, owner or custodian of such animals who shall fail to comply with the provisions of this Section shall for each and every such offense be liable for and forfeit and pay a penalty of not less than fifty nor more than five hundred dollars in any Court of competent jurisdiction: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.

Sec. 510. (1706.) Any person violating the laws in relation to cruelty to animals may be arrested and held, without warrant, in the same manner as in the case of persons found breaking the peace; and the person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owner of the animals found in the charge or custody of the person arrested, and shall properly care and provide for such ani

Arrest for viowith or without

lation made

warrant.

Ib., 574, § 4.

mals until the owner thereof shall take charge of the same: Provided, The owner shall take charge of the same within fifteen days from the date of such notice. And the person making such arrest shall have a lien on said animals for the expense of such care and provision.

Sec. 511. (1707.) When complaint is made on oath or affirmation, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes, and has reasonable cause to believe, that the laws in relation to cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any Sheriff, Deputy Sheriff, Deputy State Constable, Constable, or police officer, to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate, upon satisfactory cause shown.

Sec. 512. (1708.) In this Chapter the words "animal" or animals" shall be held to include all brute creatures; and the words "owner," "person" and "whoever" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned or employed by or in the custody of such corporations shall be held to be the acts and knowledge of such corporation.

Sec. 513. (1709.) It shall be the duty of all Sheriffs, Deputy Sheriffs, Deputy State Constables, Constables and police officers to prosecute all violations of the provisions of this Chapter which shall come to their notice or knowledge; and all fines collected upon complaint or information for violation of this Chapter shall inure and be paid over, one-half to the South Carolina Society for the Prevention of Cruelty to Animals, in aid of the benevolent objects for which it was incorporated.

Sec. 514. (1710.) All penalties, fines and costs incurred by reason of violations of Sections 507, 508, 509 and 510 shall constitute and be a lien upon such animal or animal so cruelly used.

Phosphate Com

mine without license.

1890, XX., 694.

Section 515. Any person or persons willfully interfering Unlawful to with, molesting or obstructing, or attempting to interfere with, interfere with molest or obstruct, the State or the Board of Phosphate Commis- missioner or to sioners, or any one by them authorized or licensed, in the peaceable possession and occupation of any of the marshes and navigable streams and waters of the State, including the Coosaw River phosphate territory, or who shall dig or mine, or attempt to dig or mine, any of the phosphate rock or phosphate deposits of this State without a license so to do by said Board of Phosphate Commissioners, shall be punished for each offense by a fine of not less than one hundred dollars or more than five hundred dollars, or imprisonment for not less than one or more than twelve months, or both, at the discretion of the Court.

Penalty.

stock infected

with glanders

forbidden.

1890, XX., 709.

Sec. 516. It shall be unlawful for any person or persons to Importation of transport within the borders of this State any horse, mule or ass infected with glanders. Any person or persons violating the provisions of this Section, unless he can produce a clean bill of health from some veterinary surgeon that said stock was not infected with said disease when transported within the borders of this State, shall be liable for all damages attending the introduction of said disease, to be recovered by any person so damaged, and shall also be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding five hundred dol- Penalty. lars or be imprisoned not exceeding twelve months.

of races prohibited.

81.

Sec. 517. (2032, 2033, 2034.) It shall be unlawful for any Intermarriage white man to intermarry with any woman of either the Indian or negro races, or any mulatto, mestizo, or half-breed, or for any 1879, XVII., 3, white woman to intermarry with any person other than a white man, or for any mulatto, half-breed, Indian, negro or mestizo to intermarry with a white woman; and any such marriage, or attempted marriage, shall be utterly null and void and of none effect; and any person who shall violate this Section, or any one of the provisions thereof, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than Ib., 82.

Punish me nt therefor.