A. D. 1912.

Persons So contracting

recover

upon proof.

Civ. '02, § 2312.

upon the plaintiff to establish that at the time of making such contract, bargain or agreement the party making the same was the owner or assignee of the certificate, bond other evidence of debt, cotton, grain, meats or other animal. mineral or vegetable product so agreed to be sold and trans ferred, or was at the time authorized by the owner of assignee thereof, or his duly authorized agent, to make and enter into such contract, bargain or agreement, or that at the time of making such contract, bargain or agreement it was the bona fide intention of both parties thereto that the said certificate, bond or other evidence of debt, cotton. grain, meats or other animal, mineral or vegetable product so agreed to be sold and transferred should be actually delivered and received in kind by the said parties at the future period mentioned therein.

Gist v. Tel. Co.; Riordan v. Doty, supra.

Sec. 3096. Any person or persons so contracting, barmay sue and gaining or agreeing for the sale or transfer of any of the amount lost aforesaid commodities in violation of the provisions of this Chapter who shall pay over to any one or more person or persons any sum or sums of money for and on account of a loss sustained by reason of such contract, bargain or agree ment shall be at liberty, within three months next ensuing after such payment, to sue and recover the amount so lost and paid, or any part thereof, from the person or persons to whom he or they shall have paid the same, with costs of suit, by action, to be prosecuted in any Court of competent jurisdiction, and the oath of the loser that he has actually paid over the money to the party against whom the action Liability of Paid agent or mid-is brought shall be regarded as prima facie establishing the case against such party; and any person who shall act as agent or middleman in the making or execution of any such contract, or who shall accept or receive and forward any moneys, drafts or bills of exchange in furtherance thereof, shall be held liable in an action by the party to recover the amount of value of the money so received, or the value of the draft or bill of exchange so accepted or forwarded.

dleman.

Brokers and middlemen occupy the same position as the contracting parties ---Riodan v. Doty, 50 S. C., 546; 27 S. E., 941; Harvey v. Doty, 54 8. C. 382; 32 S. E., 501. The words "any such contract" refer to such prohibited

Sec. 3094, and a person need not have sustained a loss by reason of such ntract to recover the moneys so paid.-Saunders v. Phelps Co., 53 S. C., 3: 31 S. E., 54.

Amendment of complaint making real party in interest a party, with the rty by whom contract was made, allowed after the lapse of three months; w defendant had no right to plead the limitation.-Cousar v. Heath, Withpoon & Co., 80 S. C., 466; 61 S. E., 973. Recovery of money paid to cover ses which might be sustained.-Ib.; 80 S. C., 466. Limitation of three nths counter-claim.-Randolph v. Walker, 78 S. C., 161; 59 S. E., 856.

A. D. 1912,

Certain per

sons liable to upon

oath.

Sec. 3097. Any person or persons who by virtue of the ovisions herein contained shall or may be liable to be answer ed for the said moneys so paid to him or them shall be Civ. '02, § liged and compelled to answer upon oath such order or 2313. ders as shall be made against him or them for discovng the sum and sums of money so paid to him or them a foresaid.

bills, bonds

curities shall

Sec. 3098. All notes, bills, bonds, judgments, mortgages, When notes, other securities or conveyances whatever, given, granted and other seentered into or executed by any person or persons what- be void. ver where the whole or any part of the consideration of Civ. '02, § h conveyances or securities shall be for any money lost reason of any contract entered into in violation of the visions of this Article shall be utterly void, frustrate 1 of non-effect, to all intents and purposes whatsoever.

2314.

A. D. 1912.

Tax on plays

and shows, in

towns, &c.,

paid

Clerks.

2315.

to

Section 3099. All persons representing publicly, for gain

not incorpo: or reward, any play, comedy, tragedy, interlude, or farce, rated, to be or other entertainment of the stage, or any part therein, all fortune-tellers, and those who exhibit wax figures, or shows C. 02, of any kind whatsoever, shall pay a tax of three dollars per day, when they make those exhibitions at the towns or villages that are not incorporated; and the said sum of three dollars shall be paid into the hands of the Clerks of the Circuit Courts respectively, who shall be bound to pay over the same into the County Treasury.

Clerks and

Magistrates to

tions for.

Civ. '02, § 2316.

be

Sec. 3100. If any person who is required to pay the issue execu-aforesaid tax shall neglect to do so before such representation or exhibition, it shall be the duty of the Clerk of the Court, or any Magistrate, for the County where the same may be done, to issue an execution for double the amount of tax so imposed, which execution may be directed to any Sheriff or Constable of this State, and against the body and goods of the person so being liable, and which may levied in any County in the State; and every Magistrate who shall so issue execution shall cause the amount of the same to be paid to the Clerk of the Court for his County; and the Clerk of Court shall pay into the County Treasury all such taxes as may come into his hand respectively Provided, That nothing herein contained shall be construed to extend to any incorporated town, village, or city.

Sec. 3101. The Intendant and Wardens of all incorpo rated towns and villages (the City of Charleston excepted) shall have power to collect the taxes from all persons repre

A. D. 1912,

Officers

of

towns to col

ing, publicly, within their respective corporate limits, gain or reward, any plays, shows of what nature or kind in corporated er, which, by the last Section, are made payable to the lect. -ks of Courts, the same to be used for the purposes of the Civ. '02, § corporations, respectively.

2317.

Theatrical

Charleston;

c. 3102. The City Council of Charleston are authorto permit and license any person or persons to exhibit ments in trical entertainments within said city, and to impose how licensed. collect, for each and every such license, such sum as Civ. '02, § may, from time to time, deem reasonable: Provided, same does not exceed five hundred dollars.

2318.

traveling

license fee: how applied.

Civ. '02, §

2319.

c. 3103. Any circus or other such traveling show Circus and biting under canvas or outdoors for gain shall, before shows to take biting in any County in this State, obtain a license out license: the Clerk of the Court of such County, and shall pay e said Clerk for such license one hundred dollars for and every day said circus or other show shall be exhiband said Clerk shall forthwith pay over to the County surer of said County all the moneys by him received ccount of said license, to be applied to the use of said ty.

authorities

license.

. 3104. Nothing herein contained shall be construed Municipal event the municipal authorities of any incorporated may require or town in this State from levying and collecting such Civ. '02, § or licenses as may be imposed by such municipal 2320. rities.

A. D. 1912.

Obstruction

in streams; close time, &c.

Civ. '02, § 2321.

for enforce

Chapter.

Section 3105. At no time during the year shall there any permanent obstructions of any kind or nature whate in any of the inland creeks, streams or waters of the Stak to the free migration of fish; nor shall any seine, net, or a plan or device for the stoppage or collecting of fish, which obstructs any portion of any creek, stream or inland water of the State be set or used in any manner whatever in ar such creek, stream or inland water within three miles of the ocean, nor within one mile of the mouth of Waccama Great Pee Dee and Bull Creek River, and not below a lit from where Mosquito Creek empties into Winyah Bay across said bay in an easterly direction to the opposit shore of said bay; and there shall be a close time in all the creeks, streams and inland waters of the State, from the setting of the sun each Thursday until the rising of the sun on each Monday, during which time all seines, nets o any other plan or device for the stoppage or collecting of fish which obstructs any portion of any creek, stream or inland waters, other than a dam for manufacturing purposes, shall be removed from said creeks, streams or inland waters. Nothing herein contained shall apply to fishing with dip nets used by hand.

Provisions Sec. 3106. It shall be the duty of the person appointe! ment of this by the County Boards of Commissioners to enforce the provisions of this Chapter, and his assistants, and they shall have the power and authority to arrest any all persons caught in the act of violating any of the pr

Civ. '02, § 2322.

and