branch of trade, business or commerce, are hereby declared to be against public policy, unlawful and void. Constitutional; complaint under.-State v. Chem. Co., 71 S. C., 544; 51 S. E., 455. Contracts giving sole right to sell goods in designated territory not illegal. Statute construed.- Mowing Co. v. Hardware Co., 75 S. C., 378; 55 S. E., 973. Contract void as against.-Packard & Fields v. Byrd, 73 8. C., 1; 51 S. E., 678. A. D. 1912, feited; how. 2846. Sec. 3613. Whenever complaint is made upon sufficient Charter of affidavit or affidavits showing a prima facie case of violation violating this of the provisions of Section 3612 by any corporation, domes- Act to be fortic or foreign, it shall be the duty of the Attorney-General civ. '02, § to begin an action against such domestic corporation to forfeit its charter; and for the purpose of such forfeiture he shall apply to any Court of competent jurisdiction for an order restraining such offending corporation, and in cases where in his discretion it is necessary, for the immediate appointment of a receiver for such offending corporation where such forfeiture affects a creditor or creditors of such offending company; and in case such violation shall be established the Court shall adjudge the charter of such corporation to be forfeited, and such corporation shall be dissolved, and its charter shall cease and determine; and in the case of such showing as to a foreign corporation an action shall be begun by the Attorney-General in said Court against such corporation to determine the truth of such charge; and in case such charge shall be considered established, the effect of the judgment of the Court shall be to deny to such corporation the recognition of its corporate existence in any Court of law or equity in this State. But nothing in this Section shall be construed to affect any right of action then existing against such corporation. See Sec. 212 Criminal Code for punishment for violation of Sec. 3612. may recover 2847. Sec. 3614. Any person or persons or corporations that Injured party may be injured or damaged by any such arrangement, damages. ontract, agreement, trust or combination described in Sec- Civ. '02, ion 3612 may sue for and recover, in any Court of cometent jurisdiction in this State, of any person, persons or orporation operating such trust or combination, the full onsideration or sum paid by him or them for any goods, ares, merchandise or articles the sale of which is controlled y such combination or trust. compelled to Any and all persons may be compelled to testify in any A persons action or prosecution under Sections 3612 to 3614 inclusive: testify. Provided, That such testimony shall not be used in any other action or prosecution against such witness or witnesses, and such witness or witnesses shall forever be exempt from any prosecution for the act or acts concerning which he or they testify. Fellow serv street rail Sec. 3615. Every employee of any street railway doing ants, emplores business in this State shall have the same rights and remeways. dies for an injury suffered by any person from the acts of Civ. 02, omission of said corporation, or its employees, as are provided by the Constitution for employees of Railroad Corporations. 2848. Street cars tibules affix ed. 1057. 1904, See Constitution, Art. IX., Sec. 15. Sec. 3616. Electric street railway companies shall affix to have ves-to their cars or coaches suitable vestibules for the protection. of the motormen during the months of December, January. 1902, XXIII, February and March. Any corporation running and XXIV, 423. operating electric street railway cars or coaches who fails to comply with the provisions of this Section, shall be subject to a penalty of ten dollars per day, to be recovered by any citizen in the city or town where such corporation does business, for the benefit of the State. Certain way compa enclosed ves in certain months. 120. 1910, Sec. 3617. Electric railway companies shall affix to their street rail-cars or coaches enclosed vestibules, of wood, iron or glass. nies to affix for the protection of motormen and passengers during the tibules to cars months of December, January, February and March: Provided, That the failure of any such company to comply with 1909, XXVI. the provisions of this Section shall be subject to a penalty of XXVI, 565. ten dollars per day, to be recovered by any citizen in the city or town where such company does business, one-fourth (14) thereof to go to the person bringing the suit to enforce the law, and the remaining three-fourths (34) for the benefit of the State: Provided, That the same shall not apply to any car or cars operated south of a line ten miles north of and parallel to the thirty-fourth meridian. All electric street railway companies subject to the provisions of the terms of this Section shall have attached to its cars or coaches good and sufficient fenders, and, failing to do so, shall be subject to the same penalty as provided in the first paragraph of this Section. 761. A. D. 1912, "Street "Interur Sec. 3618. In the construction of this Section and Section 3619 the phrases "Street Railroad" or "Street Railway" Railway" shall be construed to include all railroads and railways and inter operated by electricity, whose main business consists in the defined. ransportation of passengers between different points within 1910, XXVI, he limits of a municipality; and the phrases, "Interurban Railroad" or "Interurban Railway" shall be construed to nclude all railroads and railways operated by electricity whose main business consists in the transportation of pasengers from one municipality to another. railways to bules. Id. vesti Penalty. how to be con Sec. 3619. All interurban railways operating in this State Interurban hall affix to their cars or coaches, enclosed vestibules of have vood, iron or glass for the protection of motormen and assengers during the months of November, December, Janary, February and March: Provided, That the failure of ny such company to comply with the provisions of this Article from and after the 1st day of November, A. D. 1910, hall be subject to a penalty of ten dollars per day, for each ar, to be recovered by any citizen of any County in which uch company does business, one-fourth thereof to go to he person bringing the suit, to enforce the law, and the emaining three-fourths for the benefit of the County. Sec. 3620. It shall be lawful for any and all persons, in Arbitrations ases of disagreement or difference of opinion as to the ducted. roper settlement of any contention that may hereafter arise », and either party to the contention may, propose to leave eir differences to arbitration, each party to enter into ɔnd in double the amount involved to faithfully abide the sult of arbitration. The arbitrators shall be selected in e following manner: One discreet person to be selected 7 each party to the contention, and the two to select a ird party who shall not be connected with either of the incipals by blood or otherwise; the three shall proceed to ganize by electing a chairman from their number, and ke the following oath, to wit: I do solemnly swear that I Il duly consider all the evidence adduced by the several rties to this contention, and I will render a true verdict findings according to law and the evidence. Civ. '02, 2849. Appeals pro The finding of said Board of arbitration shall be final: ovided, That either party to the contentions shall have vided for. › right of appeal to the Circuit Court by serving written A. D. 1912. Awards, effect of. Powers of arbitrators, &c. notice upon the opposite party within five days after the finding of said arbitration, setting forth the grounds of said appeal. And on such appeal the Circuit Judge presiding in said Court shall hear said appeal as to all questions of law and fact without the intervention of a fury. If no such notice be given within five days after said finding, then the award of arbitration shall be final. The award of the arbitration shall be filed with the Clerk of Common Pleas within five days after such finding and when so filed shall become a judgment of the Code of Common Pleas for such County. The said arbitrators appointed as aforesaid shall have power to subpoena witnesses and send for papers with the same powers and penalties as now apply to Magistrates Courts. Where award will be set aside.-Greenville v. Spartanburg, 62 S. E., 19: 40 S. E., 147. The decision of the arbiter when reached in the exercise his honest judgment is conclusive.-Brooker v. Laurens Mill Co., 78 8. C 200; 58 S. E., 806. Stipulation-effect of notice that only common law ar tration is intended.-Bishop v. Valley Falls Mfg. Co., 78 S. C., 312; 58 B E., 939. A. D. 1912, TITLE II. OF ACTIONS AND PROCEEDINGS THEREIN. CHAPTER XCIII. Actions by and Against Executors and CHAPTER XCIV. Witnesses and Evidence. CHAPTER XCV. Jurors and Juries. furnished exe be evidence. Section 3621. It shall be the duty of the Judge of Pro-Papers, to be pate, on application by the executor or administrator of any cutors, &c., to deceased person, to whom letters testamentary or of admin- Civ. '02, stration have been respectively granted, to furnish a true 2850. copy of such order as he may make, concerning the probate of the will, or granting of administration, certified under is hand, which shall be sufficient evidence of the appointment of such executor or administrator in any Court in this State. Hankinson v. C., C. & A. Ry. Co., 41 S. C., 1; 19 S. E., 206. Action by administrator for conversion of property after intestate's death. |