A. D. 1912, Powers. Seizure and of nets, &c. er. How recoV Forfeiture. visions of the laws relating to fish in this State, and to ake them before the nearest Magistrate, to be dealt with ccording to law, and said patrol force shall at the time of haking said arrest seize and keep all boats, seines, nets and ackle which were being used by the parties so violating condemna tion he law, and said patrol shall also be required to seize any oats, seines, nets and tackle which they may find in the reams, which obstruct the free navigation of fish in said reams: Provided, however, That the owner or owners or ered by ownarties having charge of said boats, seines, nets and tackle hich may be so seized, shall have the right to obtain the ossession of the same by giving bond to a Magistrate in e sum of two hundred dollars for the return of said propty in case it is found that the laws of this State have been plated. If the party or parties so arrested are convicted, en the boats, seines, nets and tackle so used by them shall forfeited to the State, and advertised and sold as personal operty under execution of said chief patrol, one-half of net proceeds to be equally divided among the patrol Division of ce, after the cost of sale has been deducted, and the other sale. f to be paid into the State Treasury; this forfeiture to an additional penalty to the fines and punishment othere provided by law against such violations of the fish s of this State. And if no owner or owners or party ming the said boats, seines, nets and tackle which shall e been seized as aforesaid, shall come forward and claim same and give the bond hereinbefore provided for in ten days after such seizure, then the same shall be eited to the State and sold as hereinbefore provided, the net proceeds of such sale shall be divided as above ided for. proceeds of In case of no claimant. Civ. '02, 1 c. 3107. All manufacturing companies or persons who be struct erected, or may erect, artificial dams across the inland ed. ks, streams or waters of this State, which prevent the 2347. atory fish from ascending the same, shall construct er fishways over the same; and should such manufacg companies or persons refuse or fail so to do, they be liable to a fine of five thousand dollars, recoverable he County in which such dam has been or may be ed, in a Court of competent jurisdiction. A. D. 1912. to be designated. Sec. 3108. It shall be the duty of the County Board of Fish sluices Commissioners to designate the fish sluices on the several rivers, so as to leave one or more passages for fish up the Civ. 02, said river, which sluices shall be sixty feet wide, or, where there are two or more sluices, they shall be, together, sixty feet wide; and when they shall be so designated, it shall be lawful for any person to open such sluices. 2348. To be desig nated yearly. Sec. 3109. The said Commissioners shall designate and lay out the fish sluices but once a year, and shall execute Civ. 02, this duty on or before the first day of October, whenever 2349. they shall determine to change them in any year. Not to be through a ny way erected thority. Civ. 02, 2350. Sec. 3110. Nothing herein contained shall be construed designated to give authority to the said Commissioners to designate by public au-any fish sluice through any dam erected by public authority, for the improvement of the navigation of any of the said rivers, or to designate any fish sluice through any dam erected by individuals for the purpose of propelling any machinery, where the owner of such dam shall leave open a part of the river sixty feet wide, or, where the dam extends entirely across the river, shall construct therein a sufficient fish sluice sixty feet wide, and shall keep the same open for and during the months of February, March and April, in each year. kill dogs Persons may Sec. 3111. It shall be lawful for any person who may worrying find any dog in act of worrying or destroying any sheep in sheep. this State to kill said dog, and he shall not be held to answer to any action, civil or criminal. Civ. '02, 8 2351. dogs to Owners of Sec. 3112. The owner of any dog, or person having in for sheephis care or keeping any dog, shall be liable to pay to the allowed. party injured double the value of the sheep that may be Civ. 02, killed or injured by such dog, to be recovered by action at killed; costs 2352. the suit of the party injured, in any Court having competent jurisdiction. In all such actions the recovery of ten dollars shall carry costs. Corkfield v. Singletary, 15 Rich., 240. PART II. OF THE ACQUISITION, THE ENJOYMENT AND RELA TITLE I. OF REAL PROPERTY. CHAPTER LXI. Tenure of Lands and Confirmation of Certain Titles; Titles to Catawba Indian Lands. CHAPTER LXII. Legal Formalities, Construction and CHAPTER LXIII. Operation of Conveyances and Mort- Dower and the Allotment Thereof. CHAPTER LXI. Tenure of Lands and Confirmation of Certain Titles; Titles to Catawba Indian Lands. RTICLE 1. Tenure of Lands and Confirmation of Certain Titles. RTICLE 2. Titles to Catawba Indian Lands. To be free and common socage. Civ. '02, 8 2353. Former all persons claiming under the same against the State. 2354. Section 3113. The only tenure of lands in South Carolina is that of free and common socage. Sec. 3114. All and every person or persons who are now grants, &c., possessed of or do hold any messuages, lands, tenements, or made valid. hereditaments whatsoever, in the State of South Carolina, by and under any original patents, grants, deeds, indentures, may hold or poll, either made by the former Lords Proprietors or by their Palatine, or his deputy, and any three or more of the Civ. '02, Lords Proprietors, or their deputies, or by any of their Governors, and any three or more of the said Lords Proprietors, or the said Lords Proprietors' deputies, or by any other person or persons whatsoever, commissioned by their Palatine and any three or more of the said Lords Proprietors, or by any five of the said Lords Proprietors, their deputies or commissioners, as of fee simple or fee simple conditional, or for life or for terms of years, and all other person or persons whatsoever who are now possessed of or do hold any such estate or estates, by virtue of any mesne conveyances, derived from and under all or any such original patents, grants, deeds, indented or poll, shall and may from henceforth quietly and peaceably have, hold, use, occupy, possess, and enjoy, all and every such messuages, plantations, lands, tenements, and hereditaments whatsoever, to them, their heirs, executors, administrators, and assigns, respectively, according to the several tenures in such original patents, grants, deeds indented or deeds poll, and mesne conveyances, or last wills, derived from and under them respectively mentioned and expressed, and that against the said State forever, and against all and every the said Lords Proprietors and their heirs, and all and every person and persons whatsoever, save and except as hereinafter excepted. Sec. 3115. The said patents, grants, deeds, indented or poll, shall be held valid, notwithstanding— A. D. 1912, Errors-(1) in names or necessary words of law; any (2) in omit ting seal; (3) tion; (4) in and First. Any misnomer or omission of the names of of the said Lords Proprietors, or their deputies, any want in descrip of significant and necessary words in law for conveying of any want of such lands, any omission, commission, or mistake whatso-seizin, &c.; ever in the said grants, done, omitted, or committed by all or substance or any of the said Lords Proprietors, their deputies or validate trustees commissioned by the said Lords Proprietors, for Civ. '02, 8 selling of lands in this State. Second. Any proper seal or seals not being used or affixed by the said Proprietors, their Governors, deputies, commissioners, or trustees, to all or any such patents, grants, indentures, deeds, or commissions. Third. The lands granted or conveyed, or intended to be granted and conveyed, by such patents, grants, deeds, indented or poll, have not been sufficiently described or ascertained in such patents, grants, deeds, indented or poll, so that, nevertheless, any such lands, or some part thereof, have been surveyed or meted out, or ascertained by survey to such patentees, grantees, or purchasers, or to their heirs or assigns, or to the heirs or assigns of the persons named as patentees or grantees, or assigns, in such patents, or grants, or deeds of assignment, or to their or any of their attorneys or agents in their behalf, by a survey of a sworn surveyor or surveyors, as part of such patent lands, or certified or returned into the office of the late Surveyor General, (now Secretatry of State,) by a sworn surveyor or surveyors thereto appointed; or so that the same lands, or some part thereof, have been described or ascertained by subsequent grants thereof, to such original patentees, grantees, or to persons named as such, their heirs or assigns, or to under-purchasers by mesne conveyances from such original patentees, grantees, or assignees, or persons named as such, their heirs or assigns, or to persons claiming under them as such, or to their attorneys or agents in their or any -not to in grants, &c. 2355. |