A. D. 1912.

hree and one half cents (32c.) upon each shad: Provided,
That shad caught in unnavigable streams and sold on local Shad.
narkets shall be exempt from said tax. Each package con-
aining oysters canned in this State, or raw shucked oysters
gathered in this State, clams gathered in this State, or ter-
rapin or shad offered for sale or transportation, shall be
stamped by the manufacturer with the number of ounces or
quantity of oysters, and the number of shad or terrapin, and
the number of bushels of clams contained therein, and the
number of ounces and fractions of ounces of oysters contained
in each can shall be plainly stamped in the metal cap of each
can of oysters canned within this State after the first day of
May, A. D. 1909. It shall be the duty of the County Treas-
urers to furnish said stamps, in any and such denominations
as they may decide will best meet the requirements of the
shippers or dealers, and to sell said stamps direct to the per-
sons using same. The County Treasurer of each County in
which any impost tax stamps are sold, or taxes collected
under this Article, shall keep a book in which shall be
entered all impost tax stamps received by him, showing the
kinds, denominations, quantities and serial numbers of all
stamps received, and each sale of such stamps made by him,
the name of purchaser, date of each purchase, kind, denom-
ination and quantity sold; and shall, within the first five
days of each month, forward to the Chairman of the Board
of Fisheries a statement showing the quantities of each kind
and denomination sold, the dates of sales, and the names of
the purchasers, and as remuneration of the services required
of them by the provisions of this Chapter, the County
Treasurers of Beaufort, Colleton, Charleston, Georgetown
and Horry Counties shall each be paid by the State Treas-
urer, upon the warrant of the Comptroller-General, each
year, from the moneys collected and paid into the State
treasury by him under the provisions of this Chapter, three
per cent. (3 per cent.) of the amount so collected by him
during that year: Provided, however, That any County or
State license paid by any oyster canner or exporter of terra-
pin or shad, for any period after May 1, 1906, shall be
returned to licensee by the officers to whom the license may
have been paid. The County Treasurers of each County in
which any impost tax stamps are sold shall, in January,

A. D. 1912.

Canning factories to keep

open for inspection.

April, July and October of each year, and on or before the 5th day of each of the said months, forward to the Chairman of the Board of Fisheries a statement of all such stamps in his hands, showing the kinds, denominations, quantities and serial numbers of the same.

See Criminal Code, Section 775.

Sec. 901. All managers, persons in charge of canning books to be factories, shall be required, under a penalty of not less than one hundred dollars ($100.00) to keep a book in which shal be entered the name of each person from whom they shall purchase oysters, together with the date of purchase and quantity purchased, the name, color and approximate tonnage of the boat in which the oysters are brought to the fac tory, the quantity of oysters canned each day, and the quantity of canned oysters packed for shipment each day, the date and the amount of each shipment of canned oys ters, together with a copy of the bill of lading of said shipment; and to make an itemized written report to the Board of Fisheries not later than the fourth (4) day of each month; said book to be open at all times to the inspection by the Board of Fisheries or its agents, or the Comptroller-General or his agents; and shall, within the first five days after the first day of May, in each year, make a report to the Board of Fisheries, the number of canned oysters, stamps of each kind and denomination on hand on the first day of May. All who catch or buy terrapin or clams, for the purpose of sale or export, shall be required to keep a book in which shall be entered the date of each purchase of terrapin, together with the number of terrapin, and the true name and address of the person or persons from whom the terrapin are purchased, the date of each shipment, together with the number shipped, and the way bill covering each shipment, and to make itemized writ ten reports to the Board not later than the fourth (4) day of each month; said book to be open at all times to the inspec tion of the Board of Fisheries or its agents, and the Comptroller-General or his agents. All persons engaged in the shipping or sale of shad, raw shucked oysters or clams, shall be required to keep a book in which shall be entered the date and the quantity of each shipment or sale, together

with a certified copy of the bill of lading covering said shipment, and to make itemized written reports to the Board not later than the fourth (4) day of each month; said book to be open at all times for the inspection of the Board of Fisheries or its agents, and the Comptroller-General or his agents.

All common carriers, and their agents, are hereby required to keep a full and correct record of each shipment of clams, oysters, terrapin or shad; and said records shall be open at all times to the inspection of the persons charged with the enforcement of this Article.

See Criminal Code, Section 777.

A. D. 1912.

pen or export

Sec. 902. Each and every person, firm or corporation, License to engaged in the penning or exporting from this State of terrapin. terrapin, shall apply to the Board of Fisheries for a license for the same; and the said Board, upon the payment of twenty-five dollars ($25.00) by the said person or persons, firm or corporation, shall issue to such person or persons, firm or corporation, a license to pen in the State and export from the State terrapin for one year, subject, however, to the provisions of Section 900 and Section 775 of the Criminal Code. All persons, firms or corporations, other than common carriers, who, for themselves or others, hold terrapin in confinement, for the purpose of sale or delivery, shall be deemed and considered as being engaged in the business of penning terrapin, within the meaning of this Article; and whenever any one person, firm or corporation, shall maintain a pen in more than one place, the payment of a separate license fee of twenty-five dollars, for each pen where such business is conducted, is hereby required: Provided, That nothing herein contained shall be construed so as to require any such person or persons, firm or corporation, to take out any license for any employee or employees engaged by such person or persons, firm or corporation, respectively, from catching or gathering terrapin: And Provided, further, That the term "pen," as used in this Section, shall not be construed to include the temporary collection for transportation of terrapin to the pen or pens required by this Section to be licensed, unless the Board of Fisheries shall decide that said temporary pens are used as a shipping or selling point

to avoid the establishment and maintenance of a permanent pen or the payment of the license fees required by law; and all terrapin penned in this State shall be subject to a tax of five (5) cents each, whether the same shall have been gathered, caught or bought within this State or not.

Sec. 903. That it shall be the duty of the Commission herein provided for to enforce all existing laws in regard and relating to the open and closed seasons in reference to migratory fish.

Sec. 904. Sections 766 to 784 of the Criminal Code, both inclusive, shall be construed in connection with, and as a part of, this Article.

Public Service Commis

powers.

564.

906. Powers as to rates, etc.

Section 905. There shall be a Public Service Commission sion created of three reputable and competent citizens of this State, to be 1910, XXVI, appointed by the Governor, by and with the consent of the Senate, who shall be authorized to fix and establish in all cities of this State, now or hereafter incorporated under any general or special law of this State, maximum rates and charges for the supply of water, gas or electricity furnished by any person, firm or corporation to such city and the inhabitants thereof, such rates to be reasonable and just. May sum- Sec. 906. Upon complaint in writing of twenty or more public utility citizens to the mayor or council of any such city, that any for hearing person, firm or corporation is charging an unjust or

mons certain

corporations

on rates.

unreasonable rate for water, gas or electricity, furnished by the same, the said city, mayor or council may request the Public Service Commission to summon such person, the members of such firm or the officers of such corporation to appear before them, with their books relating to such matters, when such examination shall be made as may be necessary to determine whether or not the said rates are unjust or unreasonable; and if upon such examination the said

Public Service Commission shall determine that the said rates are unreasonable or unjust, it shall be their duty to fix such rates to be paid for water, gas or electricity as they may deem to be just and reasonable: Provided, That in case the said Public Service Commission shall fix unjust and unreasonable rates the same may be reviewed and determined by the Circuit Court of the County in which such city is located.

A. D. 1912.

com

pensation.

Sec. 907. The members of the said Public Service Com- Members shall give mission shall give a bond of one thousand dollars for the bond: faithful performance of their duty, and shall each receive the sum of ten dollars a day while actually employed and necessary expenses, the same to be paid by the firm, person or corporation against whom the complaint is made if the rates charged are found to be unjust or excessive, but if otherwise then such expense shall be paid by the city authorities wherein the complaint is made.

fice.

Sec. 908. That the term of office of the members of said Public Service Commission shall be for two, four and six years, respectively, to be determined by lot at their first Terms of ofmeeting, and every two years thereafter the Governor shall appoint one member, to serve for a term of six years and until his successor is appointed and qualified, any of said members to be removed at the pleasure of the Governor: Provided, That the provisions of this Article shall not apply to the cities of Charleston, Marion, Spartanburg, Sumter and Union, or the town of Conway.

For violation of this article, see Criminal Code, Section 266.

Board for

uniformity of

established.

Section 909. The Governor shall appoint three suitable promotion of persons, and they and their successors are hereby constituted legislation "a Board of Commissioners for the Promotion of Uniformity of Legislation in the United States." Any vacancy in 127.

1909, XXVI,