Hunting-General Provisions. SEC. 15. That if any person, at any time whatsoever, shall hunt or range on any lands whatsoever, without the consent of the proprietor, at a greater distance from his or her place of residence than seven miles, every such person so offending shall forfeit and pay the sum of ten dollars for every such offense. Persons not al lowed to bunt further than 7 miles from their residence. Ib. Penalty for hunting with fire the night time. Fines and for feitures; how to disposed of. be recovered and 1769, IV, 311, 3. SEC. 16. That any person or persons who shall hunt with fire in the night time, for every such offense shall forfeit and pay a sum in not exceeding ten dollars, and for every deer so killed, a sum not 1789, V, 124. ¿ 1. exceeding twenty-five dollars, and for every horse or head of neat cattle, or other stock of any kind, a sum not exceeding fifty dollars. SEC. 17. All the penalties and forfeitures mentioned in the preceding Section, shall and may be recovered before any Trial Justice in the County where any of the said offenses shall be committed, and when received shall be divided and paid, one-half to and for the use of the poor of the County where the offense shall be committed, and the other half to the person who will inform for the same; and the oath of one credible witness, or the confession of the party accused, shall be allowed as sufficient evidence to convict the offender, by every Trial Justice before whom information shall be made of any of the offenses aforesaid: Provided, That where the owners of any lands shall prosecute for any unlawful hunting and ranging on his or her lands, the oath of such owner shall be sufficient evidence to convict the offender, but in that case the whole penalty shall go to the use of the poor of the County. offenders to be Ib.; 1789, V, 124, 21. SEC. 18. That in case any person or persons so convicted shall If fines not pail refuse or neglect to pay such fine, then it shall and may be lawful, imprisoned. and the Trial Justice, before whom he is convicted, is hereby required to commit such person or persons to the common jail in the County where the offender or offenders shall have committed the said crime, there to remain without bail for a term not exceeding three months for unlawfully hunting with fire in the night time, and for a term not exceeding two months for violations of Sections 10, 11, 12, 13 and 15 of this Chapter. to action SEC. 19. That any person or persons who shall hereafter hunt Offenders liable with fire in the night time, or kill any horse or neat cattle, or other law. by stock of any kind, the property of another person, shall be liable to 1789, V, 124, § 2. a civil action by the person so aggrieved, in addition to the above penalties. Reward for informing of fire SEC. 20. Any person who will give information to a Trial Justice of any fire hunter, shall, on his conviction, be entitled to thirty min dollars, to be paid out of the public Treasury. 1778, IV, 411, 84. Non-residents not to bunt. SEC. 21. That it shall not be lawful for any non-resident of this 1855, XII,406,21. State to use a gun, set a trap or decoy, or to employ any other de vice for killing or taking deer, turkeys, ducks or any other game, nor to set a trap, seine, or net, or draw or use the same, or any other contrivance for taking or killing fish, within the territorial limits of this State. Penalty. Ib., 22. Non-residents may hunt authority by Ib., 23; Con., Art. VIII, 2. SEC. 22. Every person who shall offend against the provisions of the preceding Section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable to a penalty not exceeding two hundred dollars, nor less than one hundred dollars, and imprisonment not exceeding three months, nor less than one month, for each and every violation of any of the said provisions. SEC. 23. All persons shall be deemed and taken as non-residents, of within the meaning of the last two Sections, who shall not have landlord. had their actual domicil in this State for one year next preceding their use of any of the implements of the chase or fishery forbidden by the twenty-first Section of this Chapter. But nothing herein contained shall be construed as prohibiting any landholder from authorizing any person to hunt or shoot ducks or other game, or to fish within the boundaries of his own land. 1 Penalty for stealing oysters 2. Penalty for using nets, dredges, 4. Not to apply to fishing. SECTION 1. That if any person or persons shall feloniously from beds. gather, remove, take, or steal, from any oyster bed, laying, or 1848, X1, 448,2 1. fishery, any oysters, or oyster brood, there growing, lying, or being, such oyster bed, laying, or fishery, being the property of any other Fine for using SEC. 2. If any person or persons shall unlawfully and willfully use any dredge, or any net, instrument or engine whatsoever, within Ib., 2. the limits of any such oyster bed, laying or fishery, as aforesaid, for the purpose of taking oysters, or oyster brood, although none be actually taken, or shall, with any net, instrument, or engine, drag upon the ground or soil of any such oyster bed, laying or fishery, every person or persons so offending shall be held and deemed guilty of a misdemeanor, and, upon being convicted thereof, shall be punished by fine or imprisonment, or both, as the Court may award, such fine not to exceed one hundred dollars, and such imprisonment not to exceed six months. SEC. 3. It shall and may be lawful for all and every person and persons to collect and carry off oysters and oyster shells, below highwater mark, from all lands for which warrants of survey have been taken out, and which have not been passed and confirmed by grants under the signature of His Excellency the Governor. SEC. 4. Nothing herein contained shall be so construed as to prevent any person or persons from catching, or fishing for, any swimmimg or floating fish, within the limits of any oyster bed, laying or fishery with any net, instrument or engine adapted for taking swimming or floating fish. Persons may carry off oyster shells from cer tain lands. 1787, V, 39, § 4. Not to apply to Not to 1848, X1,448, ¿ 2. Penalty for playing at cer SECTION 1. That if any person or persons shall play, at any tavern, inn, store for the retailing of spirituous liquors, or in any tin house used as a place of gaming, or in any barn, kitchen, stable or games or betting on the who do play. ides of those other outhouse, or in any street, highway, open wood, racefield, or 1516. VI, 27, 21; open place, at any game or games, with cards or dice, or at any 1802. V, 432, § 1. 2 Bay 5co; 1 N. gaming table commonly called A. B. C., or E. O., or any gaming MC., 438; 2 N. table known or distinguished by any other letters, or by any figures, 2 Brev., 497; or roley poley table, or at rouge and noir, or at any faro bank, or & McC., 180; 2 & McC,363, 560; Rich.,9; 9 Rich., 262. Penalty for keeping, gaming &c. tables, 1816, VI, 27, 2. at any other table or bank of the same or the like kind, under any denomination whatsoever (except the games of billiards, bowls, backgammon, chess, draughts, or whist, when there is no betting on the said games of billiards, bowls, chess, backgammon, or whist,) or shall bet on the sides or hands of such as do game-any Trial Justice may, upon view or information upon oath before him, bind over to appear at the next Court of Sessions for the County in which such play shall be carried on, all and singular the said person or persons who shall so play or bet, and shall require him or them to give good and sufficient security for his or their appearance thereat; and on his or their failure to give such security, shall commit him or them to the common jail of the said County; and shall also bind over the keeper or keepers of taverns, inns, stores for the retailing of spirituous liquors, public places, or houses used as a place for gaming, or other public house, to appear at the ensuing Court of Sessions; and every person or persons so playing, or bet ting on the sides or hands of such as do game, upon being convicted thereof upon indictment, shall be imprisoned for a period not exceeding twelve months, and shall forfeit a sum not exceeding five hundred dollars, one half to the use of the State, and the other half to the use of the informer, upon the conviction of such offender; and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming, or such other public house, shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months, and forfeit a sum not exceeding two thousand dollars, for each and every offense, one-half thereof to the use of the State, and the other half to the use of the informer. SEC. 2. Any person or persons who shall set up, keep, or use, any &c., gaming table commonly called A. B. C. or E. O., or any gaming table known or distinguished by any other letters, or by any figures, or roley poley table, or table to play at rouge and noir, or any faro bank, or any other gaming table or bank of the like kind, or of any other kind for the purpose of gaming, (except the games of billiards, bowls, chess, draughts, and backgammon,) upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars, and not less than two hundred dollars. SEC. 3. Any person who shall make any bet or wager of money or wager of any other thing of value, or shall have any share or Penalty for bet ting on elections. 1850, XII, 72,ĝ 1. Wagers for feited. SEC. 4. All and every sum or sums of money staked, betted, or pending on the event of any such game or games, as aforesaid, are 1816, VI, 28, ġ 6. hereby declared to be forfeited; one-half thereof to the State, and the other half to the informer or person seizing the same. SEC. 5. Any Judge or Trial Justice, the Mayor or any of the Aldermen, or the Sheriff of the city of Charleston, on information, by oath, of any credible witness, of such offence existing, is authorized to grant his warrant, under his hand and seal, to break open and enter any closed door or rooms, wherever the said offences are alleged to prevail. Rooms may be broken open. lb., 27. be recovered by 9 Ann, c. 14, McC., 211: 1 Bail., 315, 593. SEC. 6. Any person or persons whatsoever, who shall at any time Wagers lost may or sitting, by playing at cards, dice table, or other game or games action. whatsoever, or by betting on the sides or hands of such as do play 1712, 11,566,42 at any of the games aforesaid, lose to any one or more person or 2 Brev.. 226; 4 persons so playing or betting, in the whole, the sum or value of fifty dollars, and shall pay or deliver the same or any part thereof, the person or persons so losing and paying or delivering the same shall be at liberty, within three months then next ensuing, to sue for and recover the money or goods so lost and paid or delivered, or any part thereof, from the respective winner or winners thereof, with costs of suit, by action, to be prosecuted in any Court of competent jurisdiction. Bue any other Ib. SEC. 7. In case the person or persons who shall lose such money If loser does not or other thing as aforesaid, shall not, within the time aforesaid, person may. really and bona fide, and without covin or collusion, sue, and with effect prosecute for the money or other thing, so by him or them lost, and paid and delivered as aforesaid, it shall and may be lawful to and for any person or persons, by any such action or suits as aforesaid, to sue for and recover the same, and treble the value thereof, with costs of suit, against such winner or winners as aforesaid; the one moiety thereof to the use of the person or persons that will sue for the same, and the other moiety to the use of the poor of the County where the offence shall have been committed. SEC. 8. Any person or persons, who, by virtue of the provisions herein contained, shall or may be liable to be sued for the said moneys, or other things so won, shall be obliged and compellable to answer, upon oath, such order or orders as shall be made against Orders for d scovery. Ib., § 3. |