A. D. 1912, To put party cause to be reseized the lands and tenements so entered or olden, as aforesaid, and shall put the party so put out in ousted in posfull possession of the same lands and tenements so entered ›r holden, as before. Restitution should not be made until the issue as to the force, if made, is ried. State v. Dayley, 2 N. & McC., 121. session. Civ. '02, § 2965. Fe offments made by per 2966. Sec. 3734. If any person, after such entry into lands or enements holden with force, make a feoffment or other dis- son wrongfully in posontinuance to any person, to have maintenance, or to take session, void. way and defraud the possessor of his recovery in any wise, Civ. '02, nd afterwards in an action thereof to be taken or pursued efore Magistrates by due inquiry thereof, such feoffments nd discontinuances are duly proved, to be made for mainenance as aforesaid, then such feoffments or other disconinuances shall be void, frustrate, and of none effect. Action may person Sec. 3735. If any person be put out or disseized of any be had against ands or tenements in forcible manner, or put out peaceably, Py disseznd be afterwards holden out with strong hand, or, after ing. uch entry, any feoffment or discontinuance in any wise. hereof be made, to defraud and take away the right of he possessor, the party grieved in this behalf shall have n action against such disseizor. DeLaine v. Alderman, 31 S. C., 267; 9 S. E., 950. Civ. '02, § 2967. recovery, have treble Sec. 3736. If the party grieved recover in such action, In case of nd it be found by verdict, or in other manner by due form plaintiff to f law, that the party defendant entered with force into the damages. inds and tenements, or, after his entry, did hold them with Civ. '02, § orce, the plaintiff shall recover treble damages against the efendant. 2968. in cases of forcible entry, &c., same as in cases of tenants holding Sec. 3737. The forms and proceedings before Magistrates, Proceedings 1 cases of forcible entry and detainer, shall be the same as re prescribed by law in cases where tenants hold over fter the expiration of their leases. over. §. shall be given Sec. 3738. Any two Magistrates, authorized and enabled, Civ. '02, § pon inquiry, to give restitution of possession unto tenants Restitution f any estate of freehold of their lands or tenements which of possession hall be entered upon with force, or from them withholden to avoid en y force, shall have the like and the same authority and force, in es bility (upon indictment of such forcible entries or forci- &c. le withholdings before them duly found) to give like resti-,. '02, § tries with tates for years, 2970. A. D. 1912. tution of possession unto tenants for term of years, of lands or tenements by them so holden, which shall be entered upon by force, or holden from them by force. tenants who:. Not to affect Sec. 3739. They which keep their possessions with force have held by in any lands and tenements whereof they or their ancestors. force three or they whose estate they have in such lands and tenements. Civ. 62, have continued their possessions in the same by three year or more, shall not be endangered by force of this Chapter. years. 2971. Duty of Magistrate in passes. Civ. '02, § 2972. 44 Proviso. cases of tres-hereafter go into possession of any lands or tenements of another without his consent or without warrant of law. shall be lawful for the owner of the land so trespasse upon to apply to any Magistrate to serve a notice on suc trespasser to quit the premises; and if after the expiratio of five days from the personal service of such notice suc trespasser refuses or neglects to quit, it shall then be the duty of such Magistrate to issue his warrant to any Sherif or Constable, requiring him forthwith to eject such tre passer, using such force as may be necessary: Provided, ho ever, That if the person in possession shall, before the expira tion of the said five days, appear before such Magistrate and satisfy him that he has a bona fide color of claim to the pos session of such premises, and enter into bond to the perser claiming the land, with good and sufficient security, to be approved by the Magistrate, conditioned for the payment of all such costs and expenses as the person claiming to be the owner of the land may incur in the successful establishment of his claim by any of the modes of proceeding now provided by law, the said Magistrate shall not issue his warrant as aforesaid. May be maintained by agent of owner.-Bradley v. Bell, 34 S. C., 107; 12 S. E., 1071. Mandamus refused against Magistrate.-Richland Drug Co. v. Moorman, 71 S. C., 236; 50 S. E., 792. Service of rule to show cause based on affidavit sufficient without formal notice.-Cotton v. Johnson, 71 S. C., 413; 51 S. E., 245 Lee v. Chaplin, 70 S. C., 561; 50 S. E., 501. Certiorari to review proceedings under this Section. Jurisdiction of Magistrate sustained.-Lynch v. Ball, 79 S. C., 243; 60 S. E., 691. Sec. 3741. The Magistrate shall be entitled to demand. and receive from the person applying for such warrant a fee of two dollars before issuing the same, and the Sheriff or Constable shall in like manner be entitled to demand and receive a fee of two dollars and mileage before executing such warrant from the person applying for the same. A. D. 1912, Fee of Magistrate and Sheriff or Constable. Civ. '02, $ 2973. right of a p 2974. Sec. 3742. Either party to these proceedings shall have Either the right of appeal. The Magistrate shall not issue his peal. warrant until the expiration of five days after he announces Civ. '02, § his decision, and in the meantime the defendant may apply for an injunction, as in other cases, restraining the execution of such warrant pending the determination of his appeal by the Circuit Court. A. D. 1912. SEC. CHAPTER XCVIII. Escheats. SEC. The Secretary of State as Escheator. the direction Fund Commis 3743. Secretary of State to act as escheator. 3744. When escheator may buy for 3746. Property escheated prior to 3747. Escheator to notify Circuit 3748. Judge to cause jury to make 3749. On return of inquest, lands 3750. If not claimed for twelve 3751. Sale, how to be advertised; 3752. May be sold in parcels; pro- 3754. Lands to be committed to 3755. No claimant appearing. Es cheator to rent lands unti sale; damages where pro cution is without probable cause. 3756. State not precluded from in quest of lands escheated by possession, grant, & e ception. 3757. Escheator to sue for personal property in hands of exe utors, &c.; when; proceeds to be paid into Treasury. 3758. Treasurer to advertise sane for six months; if not claimed in two years to vest in State. 3759. Rights of persons under dis abilities not affected unti three years after remera thereof. 3760. This Chapter to be observed 3761. Estates of felons to descend Section 3743. The duties of escheator are devolved hereafter upon the Secretary of State as agent of the Roard of To act under Commissioners of the Sinking Fund, and as escheator the of the Sinking Secretary of State shall act under the direction and control of the Board of Commissioners of the Sinking Fund, and Civ. '02, under the direction of said Board may use such of the funds and the services of such of the sub-agents of the said Board as in their discretion may be necessary to efficiency in discovering, renting, litigating and realizing money from sion. 2975. escheated lands under existing law, and shall turn over to A. D. 1912, call up on bave had es erty in charge &c. In cases where the process of escheatment is now in Escheator to progress the Secretary of State, as agent as aforesaid, is those who authorized to call upon escheators heretofore having case cheated propin charge for a full and detailed report and account of the for a report case, with authority, under direction of the Board of Commissioners of the Sinking Fund, either to require said former escheator, under direction of the Secretary of State, as agent as aforesaid, to continue and conclude the process at commissions heretofore allowed said former escheator, or in the discretion of the said Board to require said former escheator to forthwith turn over the case and all funds in his hands (whether derived from said incomplete case or from any former or other case of escheatment) to the Secretary of State, as agent aforesaid; and when such incomplete case is finally settled, the Secretary of State, as agent as aforesaid, shall allow and pay to the said former escheator, out of the funds derived therefrom, such a proportion of the commissions heretofore allowed by law to escheators as, in the judgment of the Board of Commissioners of the Sinking Fund, said escheator is entitled to under the circumstances of the case. Escheat proceedings being converted into proceedings to marshal assets. In re Bugg, 71 S. C., 439; 51 S. E., 263. E 8 Sec. 3744. At any sale of escheated property, if, in his judgment, the property is being sold at a sacrifice, the Sec-'chehen cheator may retary of State shall be authorized to buy the land in for ing Fund the Commissioners of the Sinking Fund (or to cause the Commission. Civ. '02, |