A. D. 1912. tion and charges pro All the provisions of the Act creating said Railroad Commission, and Acts amendatory thereof, prescribing the procedure of said Commission in fixing freight and passenger traffics, and hearing complaints of carrier and shippers, and of altering and amending said tariffs, shall apply to the subject of fixing and amending rates and charges for storage, as aforesaid. Discrimina- Sec. 2312. No railroad company shall make or retain, excessive directly or indirectly, any charge for storage of freight hibited. greater than that fixed by the Commission for each parCiv. '02, ticular storage, nor shall they discriminate directly or indirectly by means of rebate, or any device in such charges. between persons. 1733. Penalty for overcharge of storage. 1734. Sec. 2313. If any railroad company shall violate the provisions of this Chapter, either by exceeding the rates of storCiv. '02, § age prescribed, or by discriminating, as aforesaid, the person or persons so paying such overcharge, or subjected to such discrimination, shall have the right to sue for the same in any Court of this State having jurisdiction of the claim. and shall have all the remedies, and be entitled to recover the same penalties and measure of damages as is prescribed in the case of overcharge of freight rates, upon making like demand as is prescribed in such case, and after like failure to pay the same. Common carriers may sell claimed for 1735. Sec. 2314. Every railroad corporation, express company. property un- and the proprietors of every steamboat engaged in the transsix months. portation of passengers and freight, or either, which shall Civ. 02, have had unclaimed freight or baggage not perishable in its possession for the period of six months may proceed and Notice to be sell the same at public auction, after giving notice to that effect in one or more newspapers published in the State or at the place where such goods are to be sold once a week for not less than four weeks, and shall also keep a notice of such sale posted for the same time in a conspicuous place in the principal office of said company. given. advertise ment. Contents of Sec. 2315. Said notice shall contain, as near as practicable, a description of such freight or baggage, the place and Civ. '02, time when and where left, together with the name and residence of the owner of the freight or baggage, or person to whom it is consigned, if the same be known. 1736. A. D. 1912. Disposition ceived. 2316. All moneys raised from the sale of freight or ge as aforesaid, after deducting therefrom charges and of moneys reses for the transportation, storage, advertising, comns for selling the property, and any amount previ- 1737. paid for advances on such freight and baggage, shall d by the company to the persons entitled to receive the Civ. '02, § to be kept for Civ. '02, § 1738. by whom may plus deposit of Court. 2317. The said company shall keep books of record Books of sale such sales as aforesaid, containing copies of such inspection. s, proofs of advertisements and posting, affidavit of with the amount for which each parcel was sold, the mount of charges against such parcel, and the amount n trust for the owner; which books shall be open for tion by claimants, at the principal office of the said ny, and at the office where the sale was made. 2318. It shall be lawful for any mechanic, in this when and when property may be left at his shop for repair, to be sold: sure same at public outcry, to the highest bidder, after ed with Clerk piration of one year from the time such property shall Civ. '02, § been repaired; and the same shall be sold by any 1739. rate of the County in which the work was done: ed, That the said Magistrate shall, before selling roperty, advertise the same, for at least ten days, by a notice in three of the most conspicuous places in wnship. And he shall, after deducting all proper nd commissions, pay to the claimant the money due to king his receipt for the same; after which he shall the said receipt, as well as the items of costs and ssions, with the remainder of money or proceeds of e, in the office of the Clerk of the Court, subject to ler of the owner thereof, or his legal representatives. 2319. The Magistrate who shall sell such property Commissions e entitled to receive the same commissions as are now on such sales. by law for the sale of personal property by con- Civ. '02, § 1740. Liability of inn-keepers limited. Notice to 2320. Whenever and so long as the proprietor or Civ. '02, § 1741. A. D. 1912. Exemption of money and jewels as are not ordinarily carried upon the proprietor. person, in the office safe, and such guest shall neglect to comply with the requirements of such notice, the proprietor or proprietors of such hotel, inn, or boarding house sha" not be liable for the loss of the baggage of such guests which may be lost or stolen from said room, or for the loss of such money and jewels not deposited in such safe: Provided That this Section shall not apply to cases in which the pr prietor or proprietors of such hotel, inn, or boarding house have by their own negligence contributed to such loss. Proviso as to negligence. inn-keepers keepers of Liability for negligence.-Axon v. Newson, 1 McC., 509. Rights of Sec. 2321. Keepers of boarding houses shall have the extended to same rights and remedies for enforcing and collecting claims boarding for board as are allowed by law to inn keepers or hote 1902, XXIII, keepers. houses. 1021. or to defraud keepers. Any person who shall at any hotel, inn or boarding Misdemean- house order and receive or cause to be furnished any food hotel or inn- or accommodation, with intent to defraud the owner or proprietor of such hotel, inn or boarding house out of the value or price of such food or accommodation; and any person who shall obtain credit at any hotel, inn or boarding house by the use of any false pretense or device, or by fraudulently depositing at such hotel, inn or boarding house any baggage or property of less value than the amount of such credit or of the bill by such person incurred, unless credit be given by express agreement; and any person who after obtaining credit or accommodation at any hotel, inn or boarding house, and shall surreptitiously remove his or her baggage or property therefrom, shall be deemed guilty of a misdemeanor. representa facie ev i guilt. Fraudulent That proof that lodging, food or other accommodation tions prima was obtained by false pretense, or by false or fictitious show dence of or pretense of baggage, or that the party refused to pay for such food, lodging or accommodation on demand, or that he absconded without paying or offering to pay for such food. lodging or other accommodation, or that he surreptitiously removed or attempted to remove his or her baggage, shal be prima facie proof of the fraudulent intent mentioned in the second paragraph of this Section. A. D. 1912. Innkeeper sell at public a u c at at any time after the expiration of ten days after erson incurring the debt or obligation has left the hotel, may boarding house, and the debt or obligation being still tion all bagnd unpaid, the owner or proprietor of said hotel, inngage in case arding house may sell, at public auction, for cash, at or boarding house office, any or all baggage or propleft at said hotel, inn or boarding house, to satisfy said or obligation without any process at law or equity: ided, That said sale shall be advertised by written or ed posters at three public places in the vicinity for at ten days before said sale. A. D. 1912. License to be obtained; from whom. Civ. '02, 1742. Term of 11 to be fixed by Commission ers. Section 2322. No person shall, as hawker or peddler. expose for sale or sell any goods, wares and merchandise in any County in this State unless he has received and is ready to produce and exhibit a license from the Clerk of the Court of Common Pleas of such County so as to sell or expose for sale goods, wares and merchandise in said County. Hawkers and peddlers defined.-State v. Belcher, 1 McM., 40. State v. Moorehead, 42 S. C., 211; 20 S. E., 544; Alexander v. Greenville 49 S. C., 527; 27 S. E., 479; State v. Coop, 52 S. C., 508; 30 S. E., 609. Sec. 2323. Said Clerk shall issue licenses to hawkers and cense fee for peddlers, to be good in his County until the last day of the County December next after the date of its issue, upon receiving from the applicant such fee or fees therefor as the County Civ. 02. Board of Commissioners shall at their first meeting in January after the passage of this Chapter, and thereafter at their first meeting in January of every year, establish and fix license fees for hawkers and peddlers in their County: and it shall be the duty of the County Board of Commissioners to fix and establish the said license fees in the sev eral Counties of this State. And each license shall specify the sum paid therefor and the privileges granted thereby. 1743. licenses; ar 1744. As to constitutionality of this Section see opinion of Mr. Justice Gary, in State v. Moorehead, 42 S. C., 216; 20 S. E., 544. Inspection of Sec. 2324. It shall be the duty of every Magistrate and rest and trial. every Constable and of the Sheriff and of his regular depuCiv. 02. ties to, and every citizen may, demand and inspect the license of any hawker or peddler in his or their County who shall come under the notice of any of said officers, and to arrest or cause to be arrested any hawker or peddler found without a good and valid license, and to bring such |