A. D. 1912.

Endorsement.

tecum.

nd place, and before the Justice, Circuit Judge or referee pecified in such endorsement, shall be sufficient notice for sub duces he attendance of witnesses. Such endorsement may contain clause requiring such person to produce on such examintion all books, papers and documents in his possession, or nder his control, relating to the subject of such examinaion. The order shall be served upon the person named in he endorsement aforesaid, by showing him the original rder, and delivering to and leaving with him, at the same ime, a copy thereof endorsed as above provided, and by How served; aying or tendering to him the fee allowed by law to wit- dered. esses subpoenaed to attend trials of civil actions in a Court

f record in this State.

fees to be ten

pelled to give

protected

prosecution.

Sec. 2174. No person shall be excused from answering Witness comny questions that may be put to him, or from producing testimony: ny books, papers or documents on the ground that the testi- from criminal nony or evidence, documentary or otherwise, required of him nay tend to incriminate him, but no person shall be proseuted in any criminal action or proceedings, or subjected o any penalty or forfeiture for or on account of any transction, matter or thing concerning which he may testify, or produce evidence, documentary or otherwise, before said Justice, Judge or referee appointed in the order for his xamination, or in obedience to the subpoena of the Court, or referee acting under such order, or either of them, or in ny such case or proceeding.

Sec. 2175. A referee appointed as provided in this Article possesses all the powers and is subject to all the duties of referee appointed under the Code of Civil Procedure, so Far as practicable, and may punish for contempt a witness uly served as prescribed in this Article for non-attendance or refusal to be sworn or to testify, or to produce books, papers and documents according to the direction of the ndorsements aforesaid, in the same manner and to the same xtent as a referee appointed to hear, try and determine an ssue of fact or of law.

Sec. 2176. This Article shall be deemed and taken as cumulative of all statutes of this State.

Powers of Referee.

Act cumula

tive.

A. D. 1912.

Auctioneers,

etc., to give

or to town

side.

SEC.

CHAPTER XXXV.

Auctions and Vendues.

2177. Auctioneers, &c., to give bond
to city or town where they
reside.

2178. Purchasers at sale refusing to

comply with terms, etc.,
liable for losses on a resale.

SEC.

2179. Remedy against auctioneers 2180. Responsibility of for loss of goods.

Section 2177. Every vendue master and auctioneer. bond to city before he shall act in such capacity, shall be compelled to where they re- give to the Council of the city or town where he may reside full and ample security for the due and faithful performance of his duty as auctioneer or vendue master, as the case may be.

Civ. '02, § 1608.

at

sales re

ply with

liable for losses on resale.

a

Civ. '02, § 1609.

As to liability of sureties.-City Council v. Patterson, 2 Bail, 165.

Purchasers Sec. 2178. Every person who shall purchase any lands. fusing to com- horses, cattle, ships, boats, or other vessels, goods, wares, and terms, etc., merchandise, at any public sale in this State, and which purchase shall be entered in the books of the vendue master so selling such property, such person refusing to comply with the conditions of the said sale within seven days thereafter shall be liable to all losses arising thereon to the original owner; and for the more speedy ascertaining said losses: the vendue master is authorized to resell such lands, houses, horses, cattle, ships, boats, or other vessels, goods, wares, and merchandise, on the original conditions, giving seven days' notice of said sale; and whatever deficiency shall arise on said purchaser's non-compliance, the vendue master shall recover, at the first ensuing Court having jurisdiction, such loss from every person so declining to comply with the conditions of the original purchase, together with the commis sions and other expenses attending the sale. No judgment given in any such cause shall be arrested or stayed for or by reason of any error or mistake in the proceedings.

Liability of Auctioneer to seller.-Wilkinson v. Campbell, 1 Bay, 169: Burnett v. Ballund, 2 N. & McC., 435. Not entitled to commission unless bid is complied with.-Cochran v. Johnson, 2 McC. Lien of.-Blum v. Della Torre, 3 Hill, L. 155.

As to entry in book.-Davis v. Robertson, 1 Mill, 71; Meadows v. Meadows, McC., 458; Anderson v. Chick, Bail. Eq., 118; Trustees v. Wiley, 2 Hill h., 584; Carter v. Bennett, Dudley, 142; Entz v. Mills, 1 McM., 453; vage v. Kinloch, Speer Eq., 464; Cathcart v. Kennaghan, 5 Strob., 129; ope v. Chaffee, 14 Rich. Eq., 69; Davis v. Winsmith, 5 S. C., 63. Liability purchaser.-Resale: Hall v. O'Hanlon, 2 Brev., 46; Gardner v. Sanders, L, 180; Campbell v. Ingraham, 1 Mill, 293; Leman v. Blackwood, Harp., 219. otice of adverse claim.-Wainwright v. Read, 1 DeSaus., 573. Puffing sale.— enkins v. Hogg, 2 Tread. Const., 821. Purchase by agent.-Ib. The authority ed not be in writing to bind principal.-Trustees v. Wiley, 2 Hill Ch., 34: Blum v. Della Torre, Riley, 155. Compliance with conditions.-Boinest Leignez, 2 Rich., 465; Cathcart v. Kennaghan, 5 Strob., 129; Sullivan v. uff, 24 S. C., 354. Warranty of soundness.-Limehouse v. Gray, 3 Brev., 31; Treadw. Const., 73. Generally, as to such sales.-Farr v. Sims, Rich. q. Cases, 122; Blum v. Della Torre, 3 Hill, 155; Carter v. Bennett, Riley, 37. Has no authority to rescind sale even before completed by payment ! purchase money.-Boinest v. Leignez, 2 Rich., 464; Carson v. Law, 2 Rich. q., 296; Hamilton v. Hamilton, 2 Rich, Eq., 355; Martin v. Evans, 2 Rich. q., 368; Butler v. Beard, 5 Rich. 542; Barrett v. Bath Paper Co., 13 S. C., 28; Reagin v. Bishop, 25 S. C., 585.

A. D. 1912,

against au c

1610.

Sec. 2179. The owners of property placed in the hands f vendue masters or auctioneers, either for public or tioneers. rivate sale, are authorized and empowered to recover from Civ. '02, § aid vendue masters, in the most summary manner, before ny Court of competent jurisdiction in the State, for goods r other property by them sold on account of said owners. udgment given in such case shall not be arrested or stayed or or by reason of any error or mistake in the proceedngs.

ity of for loss

Sec. 2180. Nothing in this Chapter shall be so construed Responsibilr understood as to render vendue masters or auctioneers of goods. esponsible for the loss of goods or other property occasioned Civ. '02, 8 y the act of a public enemy, the act of God, or by any other use which man could not prevent or foresee.

1611.

A. D. 1912.

To be regu

lated by Uni

standard.

Civ. '02, § 1612.

by the State

1613.

Clerks of Court to

to be pur

Governor.

Section 2181. Weights and measures shall be regulated ted States by the standard fixed by the Congress of the United States. Sec. 2182. Such weights and measures as have been, or may hereafter be, furnished this State by the Government To be kept of the United States, shall be kept by the State Treasurer: Treasurer. and the said weights and measures shall be deemed and Civ. '02, taken to be the standard weights and measures, by which all the weights and measures in this State shall be regulated. Sec. 2183. The Clerk of the Court of Common Pleas and keep. Same General Sessions of each County in this State shall furnish, chased by the and is required to keep in his office, the weights and measCiv. '02,ures established by law, which shall be the standards of all other weights and measures in said County, and to which any person shall have free access to test the same; and the Governor of the State is authorized and required to purchase such standard weights and measures out of the fines and forfeitures incurred in their respective Counties. Weight of Sec. 2184. The weight of a bushel of cotton seed shall be ton seed and thirty pounds, except the seed of long staple cotton, of which the weight shall be forty-two pounds; and the weight of unbolted corn meal shall be forty-eight pounds per bushel; and the weight of bolted corn meal shall be fortysix pounds per bushel.

1614.

bushel of cot

meal.

Civ. '02, § 1615.

A. D. 1912.

CHAPTER XXXVII.

Pilotage and Harbor Commission.

Section 2185. The Commissioners of Pilotage for the rts of Georgetown, Little River in Horry County, Beau