Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters, or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge, or other appliances for such mining or removal, without the leave or license of the department thereto first had and obtained, all such boats, vessels, marine dredges, and other appliances are hereby declared forfeited to and property of the State, and the Attorney General, for and in behalf of the State, shall institute proceedings in any court of competent jurisdiction for the claim and delivery thereof, in the ordinary form of action for claim and delivery, in which action the title of the State shall be established by the proof of the commission of any such act of forfeiture by the person owning them, or his agents, in possession of such boats, vessels, marine dredges, or other appliances. In any such action the State shall not be called upon or required to give any bond or obligation such as is required by parties plaintiff in action for claim and delivery.
HISTORY: 1962 Code Section 1-380; 1952 Code Section 1-380; 1942 Code Section 2229; 1932 Code Section 2229; Civ. C. '22 Section 166; Civ. C. '12 Section 159; Civ. C. '02 Section 152; R. S. 108; 1890 (20) 694; 2014 Act No. 121 (S.22), Pt V, Section 7.M, eff July 1, 2015.
Effect of Amendment
2014 Act No. 121, Section 7.M, substituted "department" for "board", and made other nonsubstantive changes.
Structure South Carolina Code of Laws
Title 10 - Public Buildings and Property
Chapter 9 - Minerals And Mineral Interests In Public Lands
Section 10-9-10. Leases of gas, oil, and certain other minerals.
Section 10-9-20. Minimum royalty.
Section 10-9-35. Disposition of revenues received from offshore oil leases.
Section 10-9-40. Authority conferred by article is cumulative.
Section 10-9-120. Protection of the state's interest against adverse claimants.
Section 10-9-130. Department may issue leases or licenses; notice of applications.
Section 10-9-140. Department may grant or refuse application for license.
Section 10-9-150. Bond of licensee.
Section 10-9-160. Additional security to bonds may be required.
Section 10-9-170. Proceeding for relief of sureties; new bond and its effect.
Section 10-9-180. Power to fix and change rates for digging phosphate.
Section 10-9-190. Returns of rock mined; payment of royalty; rate of royalty.
Section 10-9-200. Comptroller General notified of licenses issued.
Section 10-9-210. Mining without license; penalty.
Section 10-9-220. Purchasing or receiving from unlicensed person.
Section 10-9-230. Penalty for violation of Section 10-9-220.
Section 10-9-240. Department may take measures to prevent interference, obstruction, or molestation.
Section 10-9-260. Interfering with State, department, or licensees; mining without license.
Section 10-9-270. Annual report to General Assembly.