The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1902-02-26

uary 81. 4. D. 1900. and Is not noS 4
monopoly ty reason Of any conduct On
It's part which would constitute il a
monopoly under the provisions Of Sec
Si0!S ,. >. i. T. Il, - and II OF this
acl. tiIat il has not issued. and does
nuT own. any trust certificates and has
not .ur Any corporation or any agent.
officer o. rmyiryc thereof. or for tic
directors Jr stockholders thereof. en-
tered inln. and is not now III any COM
binatiCn. contract OF agreement With
any person or persons, corporation OF
corporations. or with the stockholders.
directors. OF any officer. agent or en-
plOyc OF any corporation or corpora
tiCnS, the purpose and effect Of which
combination. contract or agreement
would be conspiracy to defraud. as
defined in section l of this act. or to
create monopoly. as defined in Sec
tiUns .. 3, t. ). s. 10 and II of this
at. Subscribed and sworn to before
me. 4 - within and for the coun-
! ty --- this --- day of -,
l9-.
[Seal.]
And on refusal to make oath. in an
! Sswcr to said inquiry. or on failure to
do so within thirty days from the
! mailing thereof. such failure shall be
prima facie proof that that such in
| cOrporated company is tranSacting
business in the State Of South Carolina
and has violated the provisions Of this
act every day after the expiration Of
thirty days from the mailing Of said
letter Of inquiry. the secretary Of state
shall certify to the prosecuting attor-
ney of the Judicial circuit wherein said
corporation is located. and it shall be
the duty Of such prosecuting attorney,
at his earliest practicable moment. in
the name of the State, and at the re-
! latiOn of said prosecuting attorney, to
| proceed against such corporation. If a
domestic corporation. for the recovery
of the money forfeit provided for IN
this act. and also for the forfeit Of its
charter or certificate Of incorporation.
| If a foreign corporation. to proceed
against such corporation for the re-
coverv of the money forfeit provided
for in this act. and to forfeit its rights
to do BUSINESS in this State: And
provided. That whatever money,
bonds or other securities may be on
deposit in this State shall remain sub
| iect to the decision Of said court to
secure whatever penalties and costs
may be adjudged against said corpora
ton or individual: 1t is provided,
h.io1cTer, That all parties making the
affidavit provided for in this section
shall be exempt from criminal prose-
| cution for any violation Of law that
may be disclosed by such affidavit:
It is further provided. That the secre-
tary of state shall, from time to time,
when he may have reason to believe
that individuals or partnerships are
doing business in this state in viola
tion of this act, address the letter OF
inquiry herein provided for to such in
dividualS or partnerships, and require
of them the same answer under oath
prescribed in this section for the otli-
GERS of corporations, the affidavit to
which must be made by the individual
addressed. or some member OF the
partnership addressed. and the form
of affidavit herein provided with such
changes as may be necessary to make
it applicable to individuals and part
nerships. shall be enclosed in said let
ter of inquiry.
Sec. Q. 1t shall be the duty of the
attorney general and the prosecuting
attorney of each circuit where the Of
fense is committed. respectively. to
enforce the provisions Of this act. The
prosecution attorney Or solicitor shall
institute and conduct all suits begun
in the circuit courts, and upon appeal
the attorney general shall prosecute
said suits in the supreme court.
Sec. 10. The provisions of the fore
going sections. and the pains and
penalties provided for violations of
this act shall be held and construed to
be cumulative to all laws now in force
in this State: And provided. That
the provisions Of this act shall not ex-
empt from punishment or forfeiture
any person, firm, association OF per-
sons or corporations who may have
violated or offended against any law
now in existence that may be or may
construed to be repealed by this act or
in conflict herewith: And provided,
further, That nothing in this act shall
be deemed or construed to affect any
suits or prosecutions now pending or
hereafter to be instituted upon any
cause of action, forfeiture or penalty
accruing or to accrue prior to the date
of the taking effect of this act. but all
such rights to maintain, institute or
prosecute all such causes Of action are
hereby reserved to the State in the
same manner and with the same effect
as If this law had not been passed.