Слике страница
PDF
ePub
[blocks in formation]

$ 2718, Civil

amended.

AN ACT TO AMEND SECTION 2718 OF VOLUME I, CODE OF
LAWS OF SOUTH CAROLINA, 1902, BY PROVIDING A PEN-
ALTY AND THE MANNER OF COLLECTION THEREOF WHEN
SUCH CORPORATIONS FAIL TO PAY WAGES WHEN DUE.
SECTION 1. Be it enacted by the General Assembly of the
State of South Carolina, That Volume I, Code of Laws of Code,
South Carolina, 1902, be amended by adding at the end of said
section the following: "And if not so paid on demand, then such
laborers shall recover, in addition thereto, a penalty of five dol-
lars per day for every day until such wages are paid, to be
recovered in any court of competent jurisdiction, in the same
action with the wages, or in a separate action," so that said sec-
tion, when so amended, shall read as follows:

Discharged

charge by cor

porations.

Section 2718. When any corporation carrying on any business in this State in which laborers are employed, whose wages, laborers to be under the business rules or custom of such corporation, or paid time of dispaid up to monthly or weekly on a fixed day beyond the end of the month or week in which the labor is performed, shall discharge any such laborer, the wages which have been earned by such discharged laborer shall become immediately due and payable. And if not so paid, then such laborer shall recover in addition thereto, a penalty of five dollars per day for every day after twenty-four hours until such wages are paid, to be recovered in any court of competent jurisdiction, in the same action with the wages, or in a separate action: Provided, Such demand has been made upon the paymaster or other paying officer. Approved the 18th day of February, A. D. 1911.

No. 25.

AN ACT TO PROVIDE METHOD OF PROCEDURE IN PROSECUTIONS
AGAINST CORPORATIONS FOR VIOLATION OF THE CRIMINAL
LAWS OF THE STATE.

Proviso.

Procedure in

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That whenever any corporation doing cases against business in this State, whether incorporated under the laws for violating of this State or not, shall be charged in any court of compe

corporations

criminal laws.

A. D. 1911

tent jurisdiction with the violation of any of the criminal laws of the State appertaining to corporations, the court in which such prosecution originates shall obtain and have jurisdiction of such offending corporation in the following manner, to wit: If the offense charged be within the jurisdiction of the magistrates' courts in this State, it shall be, that whenever any person shall make an affidavit before any magistrate that such corporation has violated any of the criminal laws of this State in any matter now provided for by law, or that hereafter be provided for by law, it shall be the duty of such magistrate to issue a warrant against such offending corporation in which shall be stated the substance of the offense charged against such corporation, together with a notice to such corporation stating the time and place and when and where such corporation must or shall appear for trial; and in such case, a copy of the warrant shall be served upon such corporation in the manner now provided by law for the service of process in civil actions. And when there is no agent or officer of the company, the service shall be made upon such person as is in charge of the property of the said corporation, and if no such person can be found, it shall be served upon the Secretary of State, who shall transmit a copy of the same by mail to the last known residence of the managing officer of said corporation, directed to said officer: Provided, That no criminal proceeding shall be instituted against any corporation unless the offense charged, or some part thereof, shall have been committed in the county where the prosecution shall be instituted: And provided, further, That in the case of a foreign corporation, it shall be necesWhen service Sary that such corporation have an agent or other officer within the county upon whom such process may be served in accordance with the provisions of the law relating to service of process upon foreign corporations in civil actions; but if such foreign corporation have no agent or other officer within the county where the offense, or some part thereof, has been committed, then process shall be served on the person appointed by such corporation to receive service of process as now required by law regulating foreign corporations, or upon the Insurance Commissioner in cases when by law service of process in civil actions may be made upon the Insurance Com

Proviso.

may be made

upon agent of foreign corporation.

missioner, and such service shall be made in the same manner provided by law for service of summons in civil actions against such corporations.

A. D. 1911

court.

SEC. 2. If such corporation shall appear, or shall fail to In magistrate's appear, after such service, the magistrate shall proceed with the trial as in criminal cases, and if such defendant corporation shall be found guilty of the offense charged, whether by a verdict of a jury or by the findings of the magistrate in case a trial by jury be waived by the party or parties appearing, the magistrate shall pronounce sentence in conformity with the law in such case, and such sentence may be enforced by an execution against the property of such defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts: Provided, That nothing herein shall be construed to prevent the right of appeal by either party Appeal. to the Court of General Sessions, as is now provided by law in criminal cases within the jurisdiction of magistrates.

General

SEC. 3. If the offense charged against such corporation be In Court of cognizable by the Courts of General Sessions, the solicitor shall Sessions. hand out a bill of indictment to the grand jury of the county in which such offense, or some part thereof, has been committed, and if the grand jury shall return a true bill, the solicitor shall cause a copy of such indictment to be served on such corporation offending or upon such of its officers or agents as is now provided by law for the service of process in civil actions, and in the manner indicated in the preceding section, together with a notice to such corporation of the term. of the Court of General Sessions in which such case will be tried; and the sentence and judgment of the Court of General Sessions shall be enforced in the same manner by execution against the property of the defendant as is now provided by law for enforcing the judgments of the Courts of Common Pleas in civil actions.

SEC. 4. In all cases the right of appeal shall be preserved, and the procedure therein shall be the same as is now provided Appeal. by law in appeals in criminal cases, whether in the magistrates' courts or in the Courts of General Sessions.

A. D. 1911

Corporations required to issue new certificates of stock.

owners of

new certifi

cates.

SEC. 5. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.

Approved the 18th day of February, A. D. 1911.

No. 26.

AN ACT TO REQUIRE CORPORATIONS TO ISSUE NEW CERTIFI
CATES OF STOCK TO SHAREHOLDERS WHOSE CERTIFICATES
HAVE BEEN DESTROYED OR LOST.

SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That whenever a stockholder holding one or more shares of stock in any corporation organized under any special Act or the general laws of the State, shall desire a new certificate of stock in the place of his original certificate of stock which shall have been lost or destroyed, he shall make application to such corporation for the issuing of such new certificate, after having caused to be published once a week for six successive weeks in a newspaper published in the county where such corporation has its principal place of business, a notice that such stock certificate (designating its number) has been lost or destroyed, and that application wil! be made to such corporation for a new certificate on a fixed date.

SEC. 2. That any one so applying shall show to the officers Only bona fide of such corporation by affidavit that he is the bona fide owner stock to have of such shares of stock, and that the original certificate has been destroyed or lost, and has not been disposed of by him in any manner: Provided, That in addition to the requirement herein set forth the applicant file with the secretary a good and sufficient bond in the amount of the market value of the stock so lost or destroyed.

Publication.

SEC. 3. That such publication shall be notice of the destruction and cancellation of such original certificate, and it shall not be redeemable by such corporation after the date fixed in the notice for the application to the corporation for a new certificate.

SEC. 4. That this Act shall go into effect immediately upon its approval by the Governor.

SEC. 5. That all Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved the 18th day of February, A. D. 1911.

No. 27.

AN ACT TO PROVIDE FOR THE PAYMENT OF ELECTIONS ON
THE QUESTION OF FORMING NEW COUNTIES OR for Alter-
ING COUNTY LINES.

A. D. 1911

to bear elec

SECTION 1. Be it enacted by the General Assembly of the New counties State of South Carolina, That whenever an election is ordered tion expenses. as now provided by law for the formation of a new county or for the alteration of the lines of any county, the territory embraced in the proposed new county or the territory which it is proposed to transfer from one county shall bear all expenses incident to said election.

expense.

SEC. 2. When an election is ordered as herein referred to it Tax to be shall be the duty of the proper officers to levy and collect from levied to pay the property of such territory embraced in the proposed new county or territory to be transferred to another county, a sufficient tax to pay said expense.

SEC. 3. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.

Approved the 18th day of February, A. D. 1911.

No. 28.

AN ACT TO REGULATE THE METHOD OF CHANGING COUNTY
BOUNDARY LINES, AND PAYMENT OF THE EXPENSES
THEREOF.

ed by Gov

SECTION 1. Be it enacted by the General Assembly of the Commission State of South Carolina, That whenever a petition according to be appointto law has been presented to the Governor for changing the ernor. boundary line or lines between two counties whereby a portion of the territory of one county would be annexed to another, the Governor shall within thirty days thereafter appoint a commission of four discreet persons, two from the territory proposed to be annexed and two from the territory of the county or

« ПретходнаНастави »