A. D. 1912,

Owners, &c.,

to permit un

persons to

ing or being in the port of Charleston, to permit or authorize any sailors' hotel or boarding house keeper, not licensed of vessels not as herein provided, or any agent, runner, or employee of any authorized sailors' or immigrants' hotel or boarding house, to board, board. or attempt to board, any vessel arriving or lying or being civ. 02, § in the harbor or port of Charleston, before such vessel shall have been made fast to the wharf, or anchored, with intent to invite, ask, or solicit the boarding of any of the crew employed on such vessel.

2300.

ers to leave when

ordered.

Sec. 3085. It shall not be lawful for any sailors' or Hotel keepmmigrants' hotel or boarding house keeper, or the employees vessels of any sailors' or immigrants' hotel or boarding house Civ. '02, 8 eeper, having boarded any vessel made fast to any wharf 2301. n the port of Charleston, to neglect or refuse to leave said essel after having been ordered so to do by the master or erson having charge of such vessel.

Meaning of

Sec. 3086. The word "vessel," as used in the preceding word "vesection, shall include vessels propelled by steam.

sel."

Civ. '02, §

debts.

Civ. '02, §

Sec. 3087. It shall not be lawful for any keeper of a 2302. ublic or lodging house for seamen, at any time, to recover Seamen's rom any seaman any debt exceeding one dollar; and no. ebt exceeding said sum, incurred by any seaman to any 2203. her person, shall be recoverable after he has signed an greement to proceed on a voyage, until such voyage shall ve been concluded.

Se a men's goods.

Civ. '02,

Sec. 3088. It shall not be lawful for any keeper of a blic or lodging house for seamen to withhold or detain y chest, bed or bedding, clothes, tools, or other effects, 2304. any seaman for any debt alleged to have been contracted such seaman; and in case any such chest, bed, bedding, bthes, tools, or other effects, as aforesaid, shall be withld or detained, contrary to this Chapter, it shall be lawful r any magistrate, upon complaint, upon oath, to be made any such seaman, or on his behalf, to inquire into the atter, and, if he shall see fit, by warrant under his hand d seal, to cause any such property or effects so withheld detained contrary to this Chapter, to be seized and delivEd over to the seaman.

A. D. 1912.

CHAPTER LVIII.

Gambling Contracts and Contracts of Sale for Future

Delivery.

ARTICLE 1. Gambling Contracts.

ARTICLE 2. Contracts of Sale for Future Delivery.

Loser of

money at cards, &c.,

Section 3089. Any person who shall, at any time or sitmay recoverting, by playing at cards, dice table, or other game or games whatsoever, or by betting on the sides or hands of such as Civ. 02, 8 do play at any of the games aforesaid, lose to any one or

by action, when, &c.

2305.

more person or persons so playing or betting, in the whole.
the sum or value of fifty dollars, and shall pay or deliver
the same or any part thereof, shall be at liberty, within
three months then next ensuing, to sue for and recover the
money or goods so lost and paid or delivered, or any part
thereof, from the respective winner or winners thereof,
with costs of suit, by action, to be prosecuted in any Court
of competent jurisdiction.

The money or goods must be lost at one time or at one sitting.-Trumbo
Finley, 18 S. C., 305. Horse racing is included in this Section.-Barrett 1.
Hampton, 2 Brev., 226; Atchison v. Gee, 4 McC., 241.
Wager on horse race
for twenty dollars not illegal.-Barrett v. Hampton, 2 Brev., 226. Contract
to forfeit deposit on refusal to run horse race for wager above fifty dollars
void. Corley v. Berry, 1 Bail., 593. No recovery beyond the time limited-
Owen v. Davis, 1 Bail., 315; Willis v. Hockaday, 1 Speer, 379. Principal
may recover money lost by his agent.-Allen v. Watson, 2 Hill, 319. The
thing lost, and not the articles delivered in payment of it, can be recovered.—
Whellock v. Bobo, Harp., 421. Recovery may be had of stakeholder, if
demanded before he pays it over.-Bledsoe v. Thompson, 6 Rich., 44. Or t
he paid it over after notice not to do so.-Livingston v. Wootans, 1 N. &
MCC., 178. One winner can recover of his joint winner his share of money
received on note for wager.-Owen v. Davis, 1 Bail., 315.

S

A. D. 1912,

If losers do not sue, any other person

2306.

Section 3090. In case the person or persons who shall e such money or other thing as aforesaid, shall not, within time aforesaid, really and bona fide, and without covin may. collusion, sue, and with effect prosecute for the money Civ. '02, 8 other things so by him or them lost, and paid and delivd as aforesaid, it shall and may be lawful to and for person or persons, by any such action or suits as afore1, to sue for and recover the same, and treble the value reof, with costs of suit, against such winner or winners aforesaid; the one moiety thereof to the use of the peror persons that will sue for the same, and the other ety to the use of the County where the offense shall have h committed.

umbo v. Finley, 18 S. C., 365.

Orders for discovery.

Civ. '02, §

ec. 3091. Any person or persons who, by virtue of the
visions herein contained, shall or may be liable to be
for the said moneys, or other things so won, shall be 2307.
ged and compellable to answer, upon oath, such order
rders as shall be made against him or them, for discov-
g the sum and sums of money, or other things so won
lay, as aforesaid.

given to sewagers,

void.

c. 3092. All notes, bills, bonds, judgments, mortgages, Notes, &c., other securities or conveyances whatsoever, given, cure ted, or entered into, or executed, by any person or per- Civ. '02, § whatsoever, where the whole or any part of the consid- 2308. on of such conveyances or securities shall be for any ey or valuable things whatsoever won by cock-fighting, -racing, or by gaming, or playing at cards, dice tables, is, bowls, or other game or games whatsoever, or by ng on the sides or hands of such as do game at any of rames aforesaid, or any other game, or games, or for eimbursing or repaying any money knowingly lent or nced at the time and place of such cock-fighting, horseg or play, to any person or persons so gaming or betas aforesaid, or that shall, during such cock-fighting, rse-racing, or play, so bet, shall be utterly void, frusand of non-effect, to all intents and purposes what

r.

ett v. Hampton, 2 Brev., 226; Tidmore v. Boyce, 2 Mill, 200. Holder note payable to bearer cannot recover from maker.-Sharp v. Smith,

, 3; Mordecai v. Dawkins, 9 Rich., 262. Note given for goods by third

A. D. 1912.

Grants, conveyances, &c.,

Civ. '02,

2309.

party, won and actually delivered and transferred to him, is good-Wih ↑ Hockaday, 1 Speer, 379. Generally as to wagers.-Laval v. Myers, 1 Ba 486; Rice v. Gist, 1 Strob., 82.

Sec. 3093.

Where such mortgages, securities, or other of land, void. Conveyances, shall be of lands, tenements, or hereditaments or shall be such as to encumber or affect the same, sud mortgages, securities or other conveyances, shall enure an be to and for the sole sole use and benefit of, and sha devolve upon, such person or persons as shall have been r may be entitled to such lands, tenements, or hereditament in case the said grantor or grantors thereof, or the pers or persons so encumbering the same, had been dead, and if such mortgages, securities, or other conveyances, had been made to such person or persons by the person or persons so encumbering the same; and all grants and conveyances to be made for the preventing of such lands, tenements, or hereditaments from coming to, or devolving upon, suc person or persons, hereby intended to enjoy the same, aforesaid, shall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever.

When

con

Section 3094. Every contract, bargain or agreement. tracts for sale barter of whether verbal or in writing, for the sale or transfer at

or

certain bonds,

delivery shall be void.

2310.

&c., for future any future time of a certificate, bond or other evidence of debt, due from the United States or from an individual Civ. 02, State, or of stock or a share of interest in the stock, or of the bonds of any bank, city, town, village or incorporation of any kind whatsoever incorporated under any law of the United States or of any individual State, or for the sale or transfer at any future time of any cotton, grain, meats

.D.

A. D. 1912,

contracts

valid.

or any other animal, mineral or vegetable product of any nd every kind, shall be void unless the party conracting, bargaining or agreeing to sell or transfer the ame is at the time of making such contract, bargain or greement the owner or assignee thereof, or is at the time When such uthorized by the owner or assignee thereof or his duly shall be uthorized agent to make and enter into such contract, barain or agreement for the sale or transfer of such certificate, ond or other evidence of debt, cotton, grain, meats or other nimal, mineral or vegetable products so contracted for, r unless it is the bona fide intention of both the parties to he said contract, bargain or agreement, at the time of aking the same, that the said certificate, bond or other vidence of debt, cotton, grain, meats or other animal, minal or vegetable product so agreed to be sold and transrred shall be actually delivered in kind by the party. ntracting to sell and deliver the same, and shall be actuly received in kind by the party contracting to receive e same at the period in the future mentioned and specified the said contract, bargain or agreement for the transfer d delivery of the same.

For laws as to sales for future delivery, see Criminal Code, Sections 252

Such contract before this Act not assumed to be a gambling contract withevidence to show it.-Williams v. Conner, 14 S. C., 62.

The object of this statute, and the requisites for a valid contract of sale for ure delivery, are stated in Gist v. Tel. Co., 45 S. C., 344; 23 S. E., 143; dan v. Doty, 50 S. C., 542; 27 S. E., 941; 56 S. C., 111; 34 S. E., 69; rvey v. Doty, 54 S. C., 382; 32 S. E., 501; 50 S. C., 548; 27 S. E., 943. Purchase by Mfg's in course of business.-State v. McGinnis, 51 S. E., 50: apson v. Camperdown Mills, 82 Fed., 836.

The true test of the validity of the contract is whether it could be setonly in money, and in no other way; or whether the party selling d tender and compel the acceptance of the particular commodity sold; whether the party buying could compel the delivery of the commodity chased." Contract sustained.-Sampson v. Camperdown Cotton Mills, 82 836. See also Springs & Co. v. Carpenter, 154 Fed., 486; 83 C. C. A., Sampson v. Camperdown Cotton Mills, 82 Fed., 833; Parker v. Moore, Fed., 470; reversed C. C. A., 115 Fed., 799; on circuit again, 125 Fed., : Cousar v. Heath, Witherspoon & Co., 80 S. C., 466; Randolph V. ker, 78 S. C., 161; Barr v. Satcher, 72 S. C., -; 51 S. E., 530; Knight cey & Co. v. Aetna Cotton Mills, 80 S. C., 213.

Upon whom the burden of proof shall be in such ac

ec. 3095. In any and all actions brought in any Court enforce such contracts, bargains or agreements, or to lect any note or other evidence of indebtedness, or any tions. m or demand whatever, founded upon any such con- Civ. '02, § et, bargain or agreement, the burden of proof shall be 2311.