S.C. Code Ann. § 22-1-130 — SC Code / Title 22 / Chapter 1 / Section 22-1-130
SECTION 22-1-130. Records of books delivered to magistrates by court clerks.
Status: in_force

The clerks of the courts of the respective counties shall each keep a book in which shall be entered all books sent them for distribution among the magistrates of their respective counties, in which book shall also be written the receipt of the magistrate to whom any such books are delivered, to be cancelled upon return of such books by writing across the same "books returned."
S.C. Code Ann. § 22-5-150 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-150
SECTION 22-5-150. Arrest of persons threatening breach of peace; trial or binding over.
Status: in_force

Magistrates may cause to be arrested (a) all affrayers, rioters, disturbers and breakers of the peace, (b) all who go armed offensively, to the terror of the people, (c) such as utter menaces or threatening speeches and (d) otherwise dangerous and disorderly persons. Persons arrested for any of such offenses shall be examined by the magistrate before whom they are brought and may be tried before him. If found guilty they may be required to find sureties of the peace and be punished within the limits prescribed in Section 22-3-560 or, when the offense is of a high and aggravated nature, they may be committed or bound over for trial before the court of general sessions.
S.C. Code Ann. § 22-2-30 — SC Code / Title 22 / Chapter 2 / Section 22-2-30
SECTION 22-2-30. Assistance in establishing jury areas; legislative adoption of jury areas.
Status: in_force

In establishing the jury areas, the chief magistrate for administration of the county may call upon the service of the Revenue and Fiscal Affairs Office and the Senate Research staff for demographic information and the State Election Commission for precinct and voter registration information. Upon establishment of the jury areas in a county, but no later than January 1, 1980, the chief magistrates for administration of the counties shall submit to the Legislative Council the boundaries of the jury areas. The Legislative Council shall prepare the necessary legislation to establish the jury areas for introduction in the General Assembly by the respective Judiciary Committees of the Senate and House of Representatives. All acts adopting jury areas shall be printed in the Code of Laws of South Carolina.
S.C. Code Ann. § 22-2-15 — SC Code / Title 22 / Chapter 2 / Section 22-2-15
SECTION 22-2-15. Special election for nonpartisan preferential selection of magistrate.
Status: in_force

Notwithstanding the provisions of Section 22-2-10, in the event a senatorial delegation representing a particular county desires to fill a vacancy in the office of magistrate and conduct a nonpartisan preferential election relating to the filling of such vacancy more than six months prior to a scheduled general election, the delegation may direct the county election commission to conduct a special election. The majority of the senatorial delegation shall call for such election by notifying the county election commission in writing of its wishes at least sixty days prior to the date on which it desires to have the election. The election commission shall cause such election to be advertised in a newspaper of general circulation in the magisterial district in which the election is to be held at least twice in such sixty day period setting forth the date and subject of such election. Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the election commission at least forty-five days prior to the date of the special election. Except as specifically provided in this section, the election shall be governed by the provisions of Section 22-2-10 as they relate to nonpartisan preferential elections.
S.C. Code Ann. § 22-2-190 — SC Code / Title 22 / Chapter 2 / Section 22-2-190
SECTION 22-2-190. County jury areas.
Status: in_force

The following jury areas for magistrates courts in the various counties of the State are established: (1) Abbeville County (a)(1) Abbeville (2) Calhoun Falls (3) Lowndesville (4) Antreville (5) Due West (6) Donalds (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-01-13, and on copies filed with the Abbeville County magistrates offices, and available on the Abbeville County website. (2) Aiken County (a)(1) North Augusta (2) Langley (3) Aiken (4) New Ellenton (5) Wagner/Monetta (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-03-13, and on copies filed with the Aiken County magistrates offices, and available on the Aiken County website. (c) Each magistrate's office must be maintained at a place designated by the Aiken County Legislative Delegation. (3) Allendale County One jury area countywide. (4) Anderson County One jury area countywide. (5) Bamberg County One jury area countywide. (6) Barnwell County (a) The boundaries for the magistrates jury areas in Barnwell are defined by the boundaries of the Barnwell school districts. (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-11-13, and on copies filed with the Barnwell County magistrates offices, and available on the Barnwell County website. (7) Beaufort County (a)(1) Sheldon (2) Bluffton (3) Daufuskie (4) Hilton Head (5) Beaufort (6) St. Helena (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-13-13, and on copies filed with the Beaufort County magistrates offices, and available on the Beaufort County website. (8) Berkeley County (a)(1) Goose Creek (2) Jamestown (3) St. Stephen (4) Moncks Corner (5) Summerville (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-15-13, and on copies filed with the Berkeley County magistrates offices, and available on the Berkeley County website. (9) Calhoun County One jury area countywide. (10) Charleston County (a)(1) Jury Area No. 1: St. Paul's/Edisto (2) Jury Area No. 2: West Ashley (3) Jury Area No. 3: Charleston (4) Jury Area No. 4: North Charleston (5) Jury Area No. 5: Mount Pleasant (6) Jury Area No. 6: St. Andrews (7) Jury Area No. 7: McClellanville (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-19-13, and on copies filed with the Charleston County magistrates offices, and available on the Charleston County website. (c) Notwithstanding any other provision of law, magistrates in Charleston County shall reside in the following jury areas: (1) Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on Edisto Island. (2) Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on each of the following islands: Johns Island, James Island and Wadmalaw Island. (3) Two magistrates shall reside in Jury Area No. 3. (4) Three magistrates shall reside in Jury Area No. 4. (5) One magistrate shall reside in Jury Area No. 5. (6) One magistrate shall reside in Jury Area No. 6. (7) One magistrate shall reside in Jury Area No. 7. (d) The magistrate system in Charleston County must be so organized in order to provide for centralized magistrates courts for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided: (1) The centralized magistrates courts have concurrent jurisdiction for civil and criminal matters with the existing magistrates of Charleston County. Plaintiffs in civil matters have the right to commence a case in either a central magistrates court or in a magistrates court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrates court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrates court. This removal must be by notification to the court of origin and no cause for removal must be shown. (2) The centralized magistrates courts have jurisdiction over any type or form of civil or criminal matter, including any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding. (3) The fees and charges for the central magistrates courts are the same as those prevailing in all magistrates courts whether central or in a defined jury area. (4) Upon the effective date of this paragraph a central magistrates court must be established in the City of Charleston. (5) Six months after the effective date of this paragraph a central magistrates court must be established in the City of North Charleston. However, if the central magistrates court in the City of North Charleston is not funded and established as required by this subsubitem, then the central magistrates court in the City of Charleston established pursuant to subsubitem (4) must cease to exist until the time the central magistrates court in the City of North Charleston is so funded and established. (6) A third central magistrates court must be established at the time and in the location which a majority of the members of the General Assembly residing in Charleston County determines. In addition to those magistrates assigned to the seven jury areas, there must be appointed one magistrate from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrates court in the City of Charleston. Six months after the effective date of this paragraph a second magistrate must be appointed from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrates court in the City of North Charleston. A third magistrate also must be appointed at the time as provided in this subsubitem from the county at large without regard to residence in a particular jury area who, when appointed, must serve as the magistrate of the central magistrates court established pursuant to this subsubitem. (11) Cherokee County One jury area countywide. (12) Chester County (a)(1) Baton Rouge (2) Chester (3) Fort Lawn (4) Great Falls (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-23-13, and on copies filed with the Chester County magistrates offices, and available on the Chester County website. (13) Chesterfield County One jury area countywide. (14) Clarendon County One jury area countywide. (15) Colleton County One jury area countywide. (16) Darlington County (a)(1) Society Hill (2) Darlington (3) Lamar (4) Lydia (5) Hartsville. (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-31-13, and on copies filed with the Darlington County magistrates offices, and available on the Darlington County website. (17) Dillon County (a)(1) Hamer (2) Dillon (3) Lake View (4) Latta (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-33-13, and on copies filed with the Dillon County magistrates offices, and available on the Dillon County website. (18) Dorchester County (a)(1) St. George (2) Summerville (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-35-13, and on copies filed with the Dorchester County magistrates offices, and available on the Dorchester County website. (c) Criminal cases and traffic offenses shall be tried in the jury area where the offense was committed, notwithstanding the creation of any uniform court for the trial of certain offenses. (19) Edgefield County One jury area countywide. (20) Fairfield County One jury area countywide. (21) Florence County (a)(1) Florence (2) Timmonsville (3) Evergreen (4) Olanta (5) Coward (6) Pamplico (7) Lake City (8) Hannah (9) Johnsonville (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-41-13, and on copies filed with the Florence County magistrates offices, and available on the Florence County website. (22) Georgetown County (a)(1) Andrews (2) Georgetown (3) Pleasant Hill (4) Pawleys Island (5) Murrells Inlet (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-43-13, and on copies filed with the Georgetown County magistrates offices, and available on the Georgetown County website. (23) Greenville County (a)(1) Tigerville (2) Greenville (3) Taylors (4) Simpsonville (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-45-13, and on copies filed with the Greenville County magistrates offices, and available on the Greenville County website. (24) Greenwood County One jury area countywide. (25) Hampton County (a)(1) North (2) South (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-49-13, and on copies filed with the Hampton County magistrates offices, and available on the Hampton County website. (26) Horry County (a)(1) Aynor (2) Conway (3) Myrtle Beach (4) Little River (5) Simpson Creek (6) Bayboro (7) Green Sea (8) Floyd (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-51-13, and on copies filed with the Horry County magistrates offices, and available on the Horry County website. (27) Jasper County One jury area countywide. (28) Kershaw County One jury area countywide. (29) Lancaster County One jury area countywide. (30) Laurens County One jury area countywide. (31) Lee County (a)(1) No. 1—Lucknow (2) No. 2—Stokes Bridge (3) No. 3—Cypress (4) No. 4—Bishopville (5) No. 5—Ionia (6) No. 6—Spring Hill (7) No. 7—Ashwood (8) No. 8—St. Charles (9) No. 9—Lynchburg (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-61-13, and on copies filed with the Lee County magistrates offices, and available on the Lee County website. (32) Lexington County (a)(1) Irmo/Chapin (2) Lexington (3) Cayce/West Columbia (4) South Congaree (5) Bateburg/Leesville (6) Swansea (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-63-13, and on copies filed with the Lexington County magistrates offices, and available on the Lexington County website. (33) Marion County (a)(1) Marion (2) Mullins (3) Nichols (4) Legette (5) Britton's Neck (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-67-13, and on copies filed with the Marion County magistrates offices, and available on the Marion County website. (34) Marlboro County (a)(1) Bennettsville (2) McColl (3) Clio (4) Brownsville (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-69-13, and on copies filed with the Marlboro County magistrates offices, and available on the Marlboro County website. (35) McCormick County One jury area countywide. (36) Newberry County One jury area countywide. (37) Oconee County One jury area countywide. (38) Orangeburg County (a)(1) West (2) Central (3) East (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-75-13, and on copies filed with the Orangeburg County magistrates offices, and available on the Orangeburg County website. (39) Pickens County One jury area countywide. (40) Richland County (a)(1) Blythewood (2) Columbia (3) Dentsville (4) Dutch Fork (5) Eastover (6) Hopkins (7) Lykesland (8) Olympia (9) Pontiac (10) Upper Township (11) Waverly (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Revenue and Fiscal Affairs Office designated as document M-79-12, and on copies filed with the Richland County Department of Planning and Development Services, and available on the Richland County website. (c) Notwithstanding the provisions of subitem (a), for the Richland County Magistrates Centralized Court: One jury area countywide. (41) Saluda County One jury area countywide. (42) Spartanburg County One jury area countywide. (43) Sumter County One jury area countywide. (44) Union County (a)(1) Jonesville (2) Pinckney (3) Bogansville (4) Union (5) Santuc (6) Cross Keys (7) Goshen Hill (8) Fishdam (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-87-13, and on copies filed with the Union County magistrates offices, and available on the Union County website. (45) Williamsburg County (a)(1) Kingstree (2) Hemingway (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-89-13, and on copies filed with the Williamsburg County magistrates offices, and available on the Williamsburg County website. (46) York County (a)(1) Clover (2) Fort Mill (3) Rock Hill (4) Western York County (5) York (b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Revenue and Fiscal Affairs Office designated as document M-91-12, and on copies filed with the York County Management Information Systems Department, and available on the York County website. (c) Notwithstanding the provisions of subitem (a), for the York County Centralized DUI Court: One jury area countywide. Effect of Amendment The first 2010 amendment rewrote item (30) relating to Laurens County. The second 2010 amendment rewrote item (28). The 2011 amendment rewrote item (2). The 2012 amendment rewrote items (40) and (46). 2014 Act No. 192, SECTION 1, rewrote the section, updating the territorial descriptions of the jury areas and providing references to public maps showing the jury areas.
S.C. Code Ann. § 22-1-50 — SC Code / Title 22 / Chapter 1 / Section 22-1-50
SECTION 22-1-50. Administering oaths; taking renunciations of dower.
Status: in_force

Every magistrate shall have power to administer any oath authorized or required by law to be taken and not directed to be administered by another authority and any oath so administered shall, to all intents and purposes, be binding and effectual in law. He may also take renunciations of dower.
S.C. Code Ann. § 22-3-1380 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1380
SECTION 22-3-1380. Determination upon affidavit showing danger of destruction or concealment.
Status: in_force

Upon a showing unto the magistrate supported by an affidavit containing facts sufficient to show that it is probable to believe that the property at issue is in immediate danger of being destroyed or concealed by the possessor of such property and particularly describing such property and its location, the magistrate shall make a determination as to whether or not the property may be immediately seized. Provided, that the holding of a preseizure hearing by the magistrate shall not be a condition precedent to such determination.
S.C. Code Ann. § 22-1-110 — SC Code / Title 22 / Chapter 1 / Section 22-1-110
SECTION 22-1-110. Dockets submitted to governing bodies of counties.
Status: in_force

Each magistrate shall submit his dockets quarterly to the governing body of the county at its regular quarterly meetings and such governing body shall make reports annually, prior to the fall term of court, to the foreman of the grand jury as to such dockets and any irregularities shown thereby. Magistrates shall not be required to make reports or file transcripts of their dockets in any manner or at any time other than as herein prescribed.
S.C. Code Ann. § 22-3-760 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-760
SECTION 22-3-760. Trial of corporation.
Status: in_force

After the service the magistrate shall proceed with the trial as in criminal cases and if the defendant corporation is 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 defendant, the magistrate shall pronounce sentence in conformity with the law in the case and the sentence may be enforced by an execution against the property of the defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts; provided, that nothing herein may be construed to prevent the right of appeal by either party to the Court of Common Pleas, as is now provided by law in criminal cases within the jurisdiction of magistrates.
S.C. Code Ann. § 22-5-510 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-510
SECTION 22-5-510. Bail; bond hearing; conditions of release; information to be provided to court; contempt.
Status: in_force

(A) Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, 1895, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event including, but not limited to, any charges pending against the person requesting bail. "Violent offenses" as used in this section means the offenses contained in Section 16-1-60. If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, in default whereof the person must be incarcerated. (B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. (C) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community or an individual, a court, on the basis of the following information, may consider the nature and circumstances of an offense charged and the charged person's: (1) family ties; (2) employment; (3) financial resources; (4) character and mental condition; (5) length of residence in the community; (6) record of convictions; and (7) record of flight to avoid prosecution or failure to appear at other court proceedings. (D) A court must consider: (1) a person's criminal record; (2) any charges pending against a person at the time release is requested; (3) all incident reports generated as a result of an offense charged; (4) whether a person is an alien unlawfully present in the United States, and poses a substantial flight risk due to this status; (5) whether the charged person appears in the state gang database maintained at the State Law Enforcement Division; and (6) whether a person is currently out on bond for another offense. (E) Prior to or at the time of the bond hearing, the arresting law enforcement agency must provide the court with the following information: (1) the person's criminal record; (2) any charges pending against the person at the time release is requested; (3) all incident reports generated as a result of the offense charged; and (4) any other information that will assist the court in determining conditions of release to include, but not be limited to, notification of any existing bonds for another offense. (F) The arresting law enforcement agency shall inform the court if any of the information required in subsections (C), (D), and (E) is not available at the time of the hearing and the reason the information is not available. Failure on the part of the law enforcement agency to provide the court with the information does not constitute grounds for the postponement or delay of the person's bond hearing. Notwithstanding the provisions of this subsection, when a person is charged with a violation of Chapter 25, Title 16, the bond hearing may not proceed without the person's criminal record and incident report or the presence of the arresting officer. The bond hearing for a violation of Chapter 25, Title 16 must occur within twenty-four hours after the arrest. (G) A court hearing this matter has contempt powers to enforce these provisions. Effect of Amendment The 2010 amendment, in subsection (A) inserted ", including, but not limited to, any charges pending against the person requesting bail" in the first sentence, and added subsections (C), (D), and (E), relating to information provided to the court by law enforcement and contempt powers of the court. 2014 Act No. 144, SECTION 3, rewrote the section. 2015 Act No. 58, SECTION 11, in (C), inserted "or an individual"; and in (F), added the last two sentences relating to Chapter 25, Title 16. 2023 Act No. 83, SECTION 7, in (D), substituted "must" for "shall", and added (6); in (E), substituted "must" for "shall", and in (4), inserted "to include, but not be limited to, notification of any existing bonds for another offense"; and made nonsubstantive changes.
S.C. Code Ann. § 22-9-320 — SC Code / Title 22 / Chapter 9 / Article 3 / Section 22-9-320
SECTION 22-9-320. Deduction of certain payments to others from constable's salary.
Status: in_force

In all counties of the State wherein magistrates are allowed by law to appoint a constable, such constable so appointed receiving a salary from the county in lieu of all costs and fees in criminal cases, the governing body of the county shall deduct from the salary of such constable all sums paid to any other person for service rendered the county in criminal cases while acting under appointment by such magistrates on a particular occasion, unless it is proven to the satisfaction of the governing body that such services were rendered in an emergency wherein it was impossible for the constable entitled to the salary to perform the services.
S.C. Code Ann. § 22-1-100 — SC Code / Title 22 / Chapter 1 / Section 22-1-100
SECTION 22-1-100. Monthly report of criminal cases in counties with cities of 50,000 and over.
Status: in_force

Each magistrate within a county containing a city of fifty thousand inhabitants or more shall make and file with the county governing body each month a verified report of criminal cases begun before him and their status and disposition, together with a list of all fines collected. The county shall not pay any salary to any magistrate until he has made and filed the verified report herein required and further, in default thereof, the magistrate violating the provisions of this section shall, on conviction, be liable to a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding two months, at the discretion of the court.
S.C. Code Ann. § 22-8-40 — SC Code / Title 22 / Chapter 8 / Section 22-8-40
SECTION 22-8-40. Full-time and part-time magistrates; salaries.
Status: in_force

(A) A county is not required to have a full-time magistrate and may have only part-time magistrates. (B) Each magistrate in this State must be paid as follows by the county which he serves: (1) The following salary schedule shall be used to determine a magistrate' s annual compensation prior to the completion of his fourth year in office: (a) upon being appointed a magistrate, a magistrate shall be paid seventy- five percent of the base salary for his county's population category as provided in item (2); (b) upon completing the requirements of Sections 22-1-10(C) and 22-1-16, a magistrate shall be paid eighty percent of the base salary for his county's population category as provided in item (2); (c) upon the magistrate's completion of his second year in office, a magistrate shall be paid eighty-five percent of the lowest salary rate for his county's population category as provided in item (2); (d) upon the magistrate's completion of his third year in office, a magistrate shall be paid ninety percent of the lowest salary rate for his county's population category as provided in item (2); (e) upon the magistrate's completion of his fourth year in office, a magistrate shall be paid one hundred percent of the lowest salary rate for his county's population category as provided in item (2). (2) There is established a base salary for each population category as follows: (a) for those counties with a population of one hundred fifty thousand and above, according to the latest official United States Decennial Census, the base salary is fifty-five percent of a circuit judge's salary for the state's previous fiscal year; (b) for those counties with a population of at least fifty thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is forty-five percent of a circuit judge's salary for the state's previous fiscal year; (c) for those counties with a population of less than fifty thousand, according to the latest official United States Decennial Census, the base salary is thirty-five percent of a circuit court judge's salary for the state's previous fiscal year. (3) The provisions of this subsection are effective July 1, 2000. (C) The number of magistrates shall be determined using the following factors: (1) There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census. (2) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section. (3) Notwithstanding the provisions of subsection (D), the maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item (1) of this subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (2) of this subsection. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round off the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio. (D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates may be appointed as determined using the following formula: (1) for counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate may be appointed; (2) for counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates may be appointed; (3) for counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates may be appointed; and (4) for counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates may be appointed. (E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate. (F) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body upon the recommendation of the chief magistrate. However, a part-time magistrate must not work more than forty hours a week, unless directed to do so on a limited and intermittent basis by the chief magistrate. (G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expenses as provided by law while in the actual performance of his duties. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expenses as provided by law while in the actual performance of his duties. (H) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary. (I) A ministerial magistrate is entitled to the same compensation as a part-time magistrate. (J) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office, and must be paid the same percentage annual increase in salary as other magistrates. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed. (K) No county may pay a magistrate a salary lower than the base salary established for that county by the provisions of subsection (B) of this section. (L) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the salary established for that county or from paying a magistrate a merit raise in addition to the salary established for that county. (M) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum salaries provided for in this section. (N) For purposes of the salary phase-in provided in subsection (B)(1) of this section, a magistrate with prior service as a magistrate who after a break in service is again appointed magistrate, is allowed credit for the prior service.
S.C. Code Ann. § 22-3-950 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-950
SECTION 22-3-950. Contempt of court.
Status: in_force

Every magistrate shall have power to enforce the observance of decorum in his court while holding the same and for that purpose he may punish for contempt any person who, in the presence of the court, shall offer an insult to the magistrate or a juror or who is wilfully guilty of an undue disturbance of the proceedings before the magistrate while sitting officially. A magistrate shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on magistrates' courts in Section 22-3-550.
S.C. Code Ann. § 22-5-140 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-140
SECTION 22-5-140. Arrests by magistrates to preserve the peace.
Status: in_force

Any magistrate shall command all persons who, in his view, may be engaged in riotous or disorderly conduct to the disturbance of the peace, to desist therefrom and shall arrest any such person who shall refuse obedience to his command and commit to jail any such person who shall fail to enter into sufficient recognizance either to keep the peace or to answer to an indictment, as the magistrate may determine.
S.C. Code Ann. § 22-3-530 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-530
SECTION 22-3-530. Trial in district where offense committed.
Status: in_force

In counties where magistrates are given separate and exclusive territorial jurisdiction, criminal cases shall be tried in the district in which the offense was committed, unless the place of trial be changed to another district in the same county in the manner prescribed by law.
S.C. Code Ann. § 22-9-80 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-80
SECTION 22-9-80. Execution of process and return.
Status: in_force

A constable shall faithfully and promptly: (1) Execute all processes lawfully directed to him by competent authority; and (2) Make return, on oath, to the person issuing the process, to be endorsed in writing on it, of his proceedings by virtue of it. Every constable appointed by a magistrate shall be bound, when required, to execute every lawful order, judgment and determination of the magistrate or his court.
S.C. Code Ann. § 22-1-150 — SC Code / Title 22 / Chapter 1 / Section 22-1-150
SECTION 22-1-150. Bond requirements.
Status: in_force

No person shall be commissioned, nor shall he continue to hold office or be qualified to discharge the duties and exercise the powers of magistrate, until he enters into and files, in the office of the clerk of court of the county in which he is to serve, bond to the State in a sum specified by the governing body of such county. The bond shall not be less than twenty-five percent of the collections for the previous year reported to the county treasurer as required by Section 22-1-90; provided, however, that if collections for the previous year did not exceed a total of two thousand dollars, the county governing body in its discretion shall be authorized to waive any bond requirements for such magistrate. The bond shall be conditioned for the faithful performance and discharge of the duties of his office, with surety to be approved by the governing body of the county. The terms, form and execution shall be approved by the Attorney General. Any magistrate not in compliance with this section shall be subject to immediate removal from office until he shows good cause to the Supreme Court for not obtaining such bond. Premiums for the bonds shall be paid by the respective counties.
S.C. Code Ann. § 22-9-100 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-100
SECTION 22-9-100. Return of execution.
Status: in_force

Every constable with whom an execution is lodged for collection shall proceed forthwith to execute it according to its exigency, unless ordered by the party in whose favor it was issued to wait. Every execution shall be returned to the magistrate by whom it was issued within sixty days from date of its issue and the constable making such return shall set forth the full execution thereof or the reasons for his failure.
S.C. Code Ann. § 22-1-120 — SC Code / Title 22 / Chapter 1 / Section 22-1-120
SECTION 22-1-120. Exhibit of original papers required with bills of costs.
Status: in_force

The governing bodies of the several counties of this State in auditing the accounts of magistrates shall require them to exhibit with the bill of costs all the original papers in each case in which the costs have accrued and no bill of costs against any county shall be allowed by the governing body of any county unless accompanied by the original papers in each case mentioned in the bill or account. The governing bodies after examining the original papers of any magistrate shall return them to him without delay.
S.C. Code Ann. § 22-5-560 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-560
SECTION 22-5-560. Arrest of witness on behalf of accused.
Status: in_force

The accused shall, in felonies and in no other case, have the like process to compel the attendance of any witness in his behalf as is granted or permitted on the part of the State.
S.C. Code Ann. § 22-3-1390 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1390
SECTION 22-3-1390. Service of copy of affidavit of waiver or probability of damage or concealment.
Status: in_force

If either an affidavit showing that the defendant has waived his right to a preseizure hearing or an affidavit of probability of damage or concealment is filed, under the provisions of this article, a copy thereof shall be served on the defendant in lieu of serving him with notice of right to preseizure hearing.
S.C. Code Ann. § 22-3-1360 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1360
SECTION 22-3-1360. Notice and opportunity for preseizure hearing required; waiver.
Status: in_force

No property shall be seized under the provisions of this article unless five days' notice and an opportunity to be heard have been afforded the party in possession as herein provided; provided, however, any person in possession of the personal property may waive the right to a preseizure hearing, if the waiver is conspicuously displayed in the contract and includes the wording "waiver of hearing prior to immediate possession." In order for the contractual waiver or any other waiver to be effective, the plaintiff by affidavit must show that the defendant has in writing by contract or separate written instrument voluntarily, intelligently and knowingly waived his right to a hearing prior to the repossession of such personal property. The magistrate may order immediate delivery of the property to the plaintiff upon receipt of such affidavit.
S.C. Code Ann. § 22-2-120 — SC Code / Title 22 / Chapter 2 / Section 22-2-120
SECTION 22-2-120. Additional jurors at time of trial.
Status: in_force

If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to attend, have not been summoned, or have been excused or disqualified by the court, additional jurors must be selected from the remaining names or in the manner provided in Section 22-2-80 or Section 22-2-100.
S.C. Code Ann. § 22-3-1110 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1110
SECTION 22-3-1110. Questionable title; defendant's answer.
Status: in_force

When the title to real property shall come in question in an action brought in a court of a magistrate the defendant may, either with or without other matter of defense, set forth in his answer any matter showing that such title will come in question. Such answer shall be in writing, signed by the defendant or his attorney, and delivered to the magistrate. A copy of such answer shall be served on the plaintiff or his attorney.
S.C. Code Ann. § 22-8-50 — SC Code / Title 22 / Chapter 8 / Section 22-8-50
SECTION 22-8-50. Redress of classification, reclassification or compensation actions by county governing body.
Status: in_force

(A) A magistrate aggrieved by a ruling or action taken by a county or the governing body of the county concerning classification, reclassification, or compensation of magistrates based upon this chapter, or with respect to the operation of the magistrates' court system within the county, may petition the county governing body, in writing, for redress. (B) The county governing body of each county shall hear and determine contested cases arising within the county in connection with classification, reclassification, and compensation of magistrates, or with respect to the operation of the magistrates' court system within its county, in accordance with the provisions of Article 3, Chapter 23 of Title 1, and subject to judicial review as provided in Section 1-23-380.
S.C. Code Ann. § 22-2-140 — SC Code / Title 22 / Chapter 2 / Section 22-2-140
SECTION 22-2-140. Transfer of names between compartments of jury box.
Status: in_force

After a jury has been drawn from Compartment A, the names, whether accepted or rejected for jury service, shall as soon as practicable, be placed in compartment B, and they shall remain in Compartment B until all the names have been exhausted in drawing juries from Compartment A. At that time, all names in Compartment B shall be returned to Compartment A, and thereafter juries shall continue to be drawn therefrom in the manner provided in this act until a new jury box is prepared.
S.C. Code Ann. § 22-3-1310 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1310
SECTION 22-3-1310. Property, claim and delivery action.
Status: in_force

The plaintiff in an action of claim and delivery before a magistrate may at the time of issuing the summons, but not afterwards, claim the immediate delivery of such property as herein provided.
S.C. Code Ann. § 22-9-50 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-50
SECTION 22-9-50. Entitlement to act throughout county.
Status: in_force

When not otherwise specially provided by law every qualified constable shall be entitled to exercise his office throughout the county in which he may be elected or appointed.
S.C. Code Ann. § 22-5-200 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-200
SECTION 22-5-200. Disposition of persons arrested by deputy sheriffs without warrants.
Status: in_force

When an arrest is made by a deputy sheriff without a warrant pursuant to Section 23-13-60 the person so arrested shall be forthwith carried before a magistrate and a warrant of arrest procured and disposed of as the magistrate shall direct.
S.C. Code Ann. § 22-5-930 — SC Code / Title 22 / Chapter 5 / Article 11 / Section 22-5-930
SECTION 22-5-930. Expungement; first offense drug convictions.
Status: in_force

(A) Following a first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE), including those charges for which the person would now be eligible for a conditional discharge pursuant to Section 44-53-450, the defendant after three years from the date of the completion of the sentence, including probation and parole, for this conviction, and including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. (B) Following a first offense conviction for possession with intent to distribute a controlled substance under Article 3, Chapter 53, Title 44, the defendant after twenty years from the date of the completion of any sentence, including probation and parole, for a drug conviction or any felony conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. (C) If the defendant had no other convictions, to include out-of-state convictions, during the three-year period as provided in subsection (A) or no other drug conviction or felony conviction during the twenty-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant. (D) No person may have the person's record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; however, this five-year time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have the person's records expunged under this section more than once. No person may have the person's records expunged pursuant to this section if the person has had a conditional discharge within the five years prior to the date of arrest for the charge sought to be expunged if the charge sought to be expunged is simple possession of marijuana, or within the ten years prior to the date of arrest for the charge sought to be expunged if the charge sought to be expunged is for the simple possession of any other controlled substance or the unlawful possession of a prescription drug under Section 40-43-86(EE). A person may have the person's record expunged even though the conviction occurred before the effective date of this section; however, the expungement will not affect a subsequent enhanced conviction or sentence that occurred before the effective date of this section. (E) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once. (F) As used in this section, "conviction" includes a guilty plea, a nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses for which the individual received sentences at a single sentencing proceeding for offenses that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.
S.C. Code Ann. § 22-5-330 — SC Code / Title 22 / Chapter 5 / Article 5 / Section 22-5-330
SECTION 22-5-330. Request for preliminary investigation when warrant for crime beyond jurisdiction issued by coroner.
Status: in_force

In instances in which a warrant charging a crime beyond the jurisdiction of a magistrate is issued by a coroner, a preliminary investigation as provided for herein shall be granted, upon demand of the defendant, by the magistrate having territorial jurisdiction.
S.C. Code Ann. § 22-2-170 — SC Code / Title 22 / Chapter 2 / Section 22-2-170
SECTION 22-2-170. Criminal cases trial in jury area where offense was committed; waiver by defendant.
Status: in_force

Magistrates shall have jurisdiction throughout the county in which they are appointed. Criminal cases shall be tried in the Jury Area where the offense was committed, subject to a change of venue, pursuant to the provisions of Section 22-3-920 of the 1976 Code; provided, however, that the chief magistrate for administration of the county, upon approval of the county governing body, may provide for the selection of magistrates' jurors countywide upon the affirmative waiver by the defendant of his right to be tried in the jury area where the offense was committed.
S.C. Code Ann. § 22-9-120 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-120
SECTION 22-9-120. Liability for neglect to enforce or return executions.
Status: in_force

When any constable fails to do his duty in the enforcement or return of an execution, the party in whose favor it may have been issued may apply to any magistrate for a rule against such defaulting constable, requiring him to show cause after the expiration of two days from the service of such rule why the execution has not been enforced or returned and on his failing to show cause sufficient the magistrate may order the rule to be made absolute and the constable shall be liable for the debt, interest and costs. If he be unable to pay it such liability shall be construed a breach of his official bond and the amount shall be recoverable in an action thereon against his sureties.
S.C. Code Ann. § 22-1-15 — SC Code / Title 22 / Chapter 1 / Section 22-1-15
SECTION 22-1-15. Magistrates presently serving.
Status: in_force

(A) The provisions of Section 22-1-10(B) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate holding office after January 1, 1989, must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and a magistrate's violation of this subsection terminates his term of office. (B) The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office. (C) The provisions of Section 22-1-10(B)(2)(b) do not apply to a magistrate serving on June 30, 2005, during his tenure in office, and do not apply to a magistrate serving after June 30, 2005, who retires and is reappointed within one year of the date of his retirement and during his tenure in office for the new appointment. Effect of Amendment The 2012 amendment rewrote subsection (C).
S.C. Code Ann. § 22-9-130 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-130
SECTION 22-9-130. Liability for failure to pay over funds.
Status: in_force

In default of paying over the amount of any debt collected to the party entitled or his lawful agent or to the magistrate upon demand or in default of returning to a defendant upon demand any overplus which may be in the hands of a constable, he shall be liable to pay, in either case, to the party in interest and entitled to receive it, the original sum and interest thereon at the rate of ten per cent per month, recoverable before a magistrate, if not more than one hundred dollars in amount, and if greater before the court of common pleas.
S.C. Code Ann. § 22-3-940 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-940
SECTION 22-3-940. Testimony of well-being.
Status: in_force

In case it shall appear to the satisfaction of any magistrate that the attendance of any witness whose testimony may be required in any case before him cannot be had (a) by reason of (i) extreme age, (ii) sickness or infirmity or (iii) indispensable absence on public official duty, (b) in consequence of intended removal from the State before the cause can be otherwise ready for trial or (c) when such witness may be resident in another county or without the limits of the State, such magistrate may take the examination of such witness in writing or cause it to be done by another magistrate or other officer authorized by law to administer oaths, to be used in evidence on the trial of the case. But the parties to such cause shall have notice thereof in time to be present if they or either should choose to be present or notice may be given by either party to the other of interrogatories to be propounded to such witness, with four days' time given the party notified to prepare cross-interrogatories, upon which interrogatories and cross-interrogatories, when preferred by the parties or either of them, the deposition shall be had. When such examination is so made by another, it shall be sealed up, with the title of the case endorsed, and conveyed by a disinterested person to the magistrate authorizing it or mailed and the postage prepaid.
S.C. Code Ann. § 22-9-60 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-60
SECTION 22-9-60. Execution of orders of governing bodies; fees.
Status: in_force

Constables shall execute all legal orders to them directed by the governing bodies of the several counties, or the chairmen thereof, and shall receive therefor the same fees and costs allowed in other cases.
S.C. Code Ann. § 22-9-70 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-70
SECTION 22-9-70. Attending circuit courts; service as officer of court; compensation.
Status: in_force

All or so many of the constables of any county as may be thereto required by the sheriff shall be bound to attend any of the circuit courts, shall be officers of court and shall perform the appropriate duties and services assigned them by the sheriff and presiding judge. And each constable so attending shall be entitled to receive the compensation of one dollar and fifty cents for each day's attendance.
S.C. Code Ann. § 22-3-1420 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1420
SECTION 22-3-1420. Taking property concealed in building or enclosure.
Status: in_force

If the property, or any part thereof, be concealed in a building or enclosure the constable shall publicly demand its delivery. If it be not delivered he shall cause the building or enclosure to be broken open and take the property into his possession. If necessary he may call to his aid the power of his county.
S.C. Code Ann. § 22-3-1000 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-1000
SECTION 22-3-1000. Motion for new trial; appeal; exception.
Status: in_force

(A) Except as provided in subsection (B), a motion for a new trial may not be heard unless made within ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal relating to the conviction. (B) The provisions of subsection (A) do not apply to a motion for a new trial made under Chapters 37 and 40, Title 27. A motion for a new trial made under Chapters 37 and 40, Title 27 must be requested within five days from the rendering of the judgment. Effect of Amendment 2014 Act No. 241, SECTION 1, inserted the subsection designator (A); in subsection (A), inserted the reference to subsection (B), in the first sentence, and deleted ", if any," following "from an appeal", at the end of the last sentence; and added subsection (B).
S.C. Code Ann. § 22-3-1130 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1130
SECTION 22-3-1130. Action discontinued upon delivery of undertaking; costs.
Status: in_force

Upon the delivery of the undertaking to the magistrate the action before him shall be discontinued and each party shall pay his own costs. The costs so paid by either party shall be allowed to him if he recover costs in the action to be brought for the same cause in the circuit court. If no such action be brought within thirty days after the delivery of the undertaking the defendant's costs before the magistrate may be recovered of the plaintiff.
S.C. Code Ann. § 22-3-1170 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1170
SECTION 22-3-1170. Answer and undertaking, discontinuance, new action.
Status: in_force

When a suit before a magistrate shall be discontinued by the delivery of an answer and undertaking, as provided in Sections 22-3-1110 to 22-3-1130, the plaintiff may prosecute an action for the same cause in the circuit court.
S.C. Code Ann. § 22-1-160 — SC Code / Title 22 / Chapter 1 / Section 22-1-160
SECTION 22-1-160. Bond requirements for employees.
Status: in_force

No person shall be employed by a magistrate when the duties of his employment consist of financial responsibilities, including receiving and having custody of moneys collected in behalf of the magistrate, until he shall have entered into and filed, in the office of the clerk of court of the county in which the person is employed, bond to the State in a sum of like amount as and if required of the magistrate by Section 22-1-150. The bond shall be conditioned for the faithful performance and discharge of the duties of the employee, with surety to be approved by the governing body of the county. The terms, form and execution shall be approved by the Attorney General. Failure to comply with this section shall subject the employee to removal from employment. Premiums for such bonds shall be paid by the respective counties.
S.C. Code Ann. § 22-5-720 — SC Code / Title 22 / Chapter 5 / Article 9 / Section 22-5-720
SECTION 22-5-720. Recognizances of witnesses.
Status: in_force

Magistrates in counties in which a county court has been established under the provisions of Chapter 9 of Title 14 shall, in binding over witnesses to appear and testify on behalf of the State before the county court in cases wherein the punishment exceeds a fine of one hundred dollars or imprisonment for thirty days, insert a provision in the recognizance requiring such witnesses to appear and testify in such case before the grand jury at the next ensuing term of the circuit court when the next ensuing term of the circuit court is appointed by law to be held before a term of the county court.
S.C. Code Ann. § 22-5-710 — SC Code / Title 22 / Chapter 5 / Article 9 / Section 22-5-710
SECTION 22-5-710. Warrants, preliminary examinations, and commitment in counties where county courts exist.
Status: in_force

Magistrates in counties in which a county court has been established under the provisions of Chapter 9 of Title 14 shall issue warrants and hold preliminary examinations in all criminal cases and take such action therein as is provided by law in criminal cases beyond the jurisdiction of magistrates. In committing or binding over defendants and witnesses such magistrates shall commit and bind over for trial at the next ensuing session of the county court except in those cases over which the county court has no jurisdiction, in which cases the magistrates shall commit or bind over for trial in the court of general sessions. Such magistrates, immediately after committing or binding over a defendant for trial shall lodge with the clerk of the court by which the defendant is to be tried all papers and proceedings connected with the case.
S.C. Code Ann. § 22-5-580 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-580
SECTION 22-5-580. Statewide pretrial classification program; promulgating regulations; "point-total" system.
Status: in_force

(A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and those persons presenting unacceptably high risks of absconding or committing crime will continue to be held in custody. (B) The Department of Probation, Parole and Pardon Services shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation, Parole and Pardon Services must include the establishment of a "point-total" system for pretrial screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release.
S.C. Code Ann. § 22-1-140 — SC Code / Title 22 / Chapter 1 / Section 22-1-140
SECTION 22-1-140. Books returned by magistrate to court clerk at expiration of term.
Status: in_force

Upon the expiration of the term of office of any magistrate he shall within thirty days return to the clerk of the court of his county in good condition all books received by him from the clerk under the law regulating the distribution of books among magistrates. Any magistrate neglecting or refusing to return such books to the clerk or pay for such books or any damage thereto shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined in the sum of not less than ten dollars nor more than twenty-five dollars or be imprisoned not less than ten days nor more than thirty days, at the discretion of the court. The fines imposed or money received under this section shall be paid over to the clerk of the court when collected, to be expended in replacing such books as are not returned or are too much damaged to be reissued and to be used for no other purpose.
S.C. Code Ann. § 22-3-590 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-590
SECTION 22-3-590. Obtaining property under false pretenses.
Status: in_force

Magistrates shall have jurisdiction of the offenses of obtaining property by any false pretense, by any privy or false token or by any game, device, sleight of hand, pretensions to fortunetelling, trick or other means by the use of cards or other implements or instruments, when they would have jurisdiction of a larceny of the same property and may punish such offenses the same as larceny.
S.C. Code Ann. § 22-3-1330 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1330
SECTION 22-3-1330. Claim and delivery, plaintiff's action, summons notice and seizure of property.
Status: in_force

(a) On receipt of such affidavit and an undertaking in writing, executed by one or more sufficient sureties, to be approved by the magistrate before whom such action is commenced, to the effect that they are bound in double the value of such property as stated in such affidavit, for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the magistrate shall at the same time issue both a summons and a notice of right to preseizure hearing, with a copy of the undertaking and plaintiff's affidavit, directed to the defendant and to be served by the constable. (b) The notice of right to a preseizure hearing so issued and served shall notify the defendant that within five days from service thereof, he may demand such hearing and present such evidence touching upon the probable validity of the plaintiff's claim for immediate possession and defendant's right to continue in possession, but if the defendant fails to make timely demand for preseizure hearing, the constable will be directed to take the property described in the affidavit. (c) The summons so issued and served will require the defendant to appear before the magistrate at a time and place to be therein specified, not more than twenty days from the date thereof, to answer the complaint of the plaintiff. The summons shall contain a notice to the defendant that in case he shall fail to appear at the time and place therein mentioned the plaintiff will have judgment for the possession of the property described in the affidavit with the costs and disbursements of the action. (d) If the defendant fails to demand a preseizure hearing, or, if after such hearing the magistrate shall find that plaintiff's claim for immediate possession should be allowed, then the magistrate shall endorse upon the affidavit a direction to any constable of the county in which the magistrate shall reside, requiring such constable to take the property described therein from the defendant and keep it, to be disposed of according to law. For the endorsement in such affidavit the magistrate shall receive an additional fee of twenty-five cents, which shall be included in the costs of the suit.
S.C. Code Ann. § 22-2-40 — SC Code / Title 22 / Chapter 2 / Section 22-2-40
SECTION 22-2-40. Number and location of magistrates in county; ministerial magistrates.
Status: in_force

(A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area. (B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities: (1) to issue criminal warrants; (2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds; (3) to order the release of prisoners when proper and adequate bonds have been duly posted; and (4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction. Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate. (C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in Section 22-8-40(C) and (D) as provided in Section 22-1-30(B), or by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased during his term in office. Effect of Amendment The 2011 amendment, in subsection (C), inserted "as provided in Section 22-1-30(B), or".
S.C. Code Ann. § 22-3-320 — SC Code / Title 22 / Chapter 3 / Article 3 / Section 22-3-320
SECTION 22-3-320. Execution when judgment docketed.
Status: in_force

If the judgment be docketed with the clerk of the circuit court, the execution shall be issued by him to the sheriff of the county and have the same effect and be executed in the same manner as other executions and judgments of the circuit court. Effect of Amendment The 2008 amendment made no apparent changes.
S.C. Code Ann. § 22-5-550 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-550
SECTION 22-5-550. Arrest and committal of witness on refusal to enter into recognizance.
Status: in_force

Upon information made of the materiality of any witness within the State to support any accusation made or when the materiality of such witness shall be within the knowledge of any magistrate, he shall issue his warrant requiring such witness to appear before him or the next magistrate to enter into recognizance, with good security, if deemed proper. Such warrant shall authorize the arrest and detention of any such witness in any county in the State. On being brought before such magistrate and refusing to enter into recognizance, such witness may be committed by the magistrate to the jail of the county, there to remain until he shall be regularly discharged or shall enter into recognizance as required by this chapter.
S.C. Code Ann. § 22-3-546 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-546
SECTION 22-3-546. Criminal domestic violence offenses; first offense; program to prosecute.
Status: in_force

A circuit solicitor, in a circuit with five or more counties, may establish a program under his discretion and control, to prosecute first offense misdemeanor criminal domestic violence offenses, as defined in Section 16-25-20, in general sessions court. Whether to establish a program, and which cases may be prosecuted in general sessions court, are within the sole discretion of the solicitor. A solicitor shall report the results of the program to the Prosecution Coordination Commission.
S.C. Code Ann. § 22-9-10 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-10
SECTION 22-9-10. Constables; appointment, term, and residence.
Status: in_force

Constables shall reside in the county, city or township for which they are elected or appointed. Except as otherwise provided in this Title each magistrate may appoint one person to discharge the duties of constable within the jurisdiction of such magistrate and the constable so appointed shall receive the compensation provided by law. He shall hold his office for the term of two years, subject to removal by the magistrate appointing him.
S.C. Code Ann. § 22-3-1470 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1470
SECTION 22-3-1470. Execution on judgment.
Status: in_force

An execution shall be issued on any such judgment and if the judgment be for the delivery of the possession of personal property it shall require the officer to deliver the possession of such property, particularly describing it, to the party entitled thereto and may, at the same time, require the officer to satisfy any costs or damages recovered by the judgment out of the personal property of the party against whom it was rendered, to be specified therein, if a delivery thereof cannot be had. The execution shall be returnable within sixty days after its receipt by the officer to the magistrate who issued it.
S.C. Code Ann. § 22-3-1450 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1450
SECTION 22-3-1450. Claim to taken property by third person.
Status: in_force

If the property taken be claimed by any other person than the defendant or his agent and such person shall make affidavit to his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve such affidavit upon the constable, the constable shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff on demand of him or his agent shall indemnify the constable against such claim by an undertaking executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintiff and are freeholders and householders of the county. No claim to such property by any other person than the defendant or his agent shall be valid against the constable unless made as aforesaid. And notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.
S.C. Code Ann. § 22-5-910 — SC Code / Title 22 / Chapter 5 / Article 11 / Section 22-5-910
SECTION 22-5-910. Expungement of criminal records.
Status: in_force

(A) Following a conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle. (B) Following a conviction for domestic violence in the third degree pursuant to Section 16-25-20(D), or Section 16-25-20(B)(1) as it existed before June 4, 2015, the defendant after five years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. (C) If the defendant has had no other conviction, including out-of-state convictions, during the three-year period as provided in subsection (A), or during the five-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant. (D) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once. (E) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses listed pursuant to subsection (A), for which the individual received sentences at a single sentencing proceeding that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes. (F) No person may have the person's record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; however, this five-year time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. Editor's Note 2016 Act No. 132, SECTION 6, provides as follows: "SECTION 6. This act takes effect ninety days after approval by the Governor. This act applies retroactively to allow for the expungement of offenses charged, discharged, dismissed, or nolle prossed prior to the effective date of this act, and persons convicted or found not guilty prior to the effective date of this act." 2024 Act No. 111, SECTIONS 1 and 24, provide as follows: "SECTION 1. This act may be cited as the 'South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024'." "SECTION 24. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon." Effect of Amendment The 2009 amendment, in subsections (A) and (B), in the respective first sentences substituted "for a crime carrying a penalty of not more than thirty days imprisonment or a fine of five hundred dollars, or both," for "in a magistrates court or a municipal court,". The 2013 amendment, in subsection (A), substituted "one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court" for "five hundred dollars, or both, the defendant after three years from the date of the conviction"; in subsection (B), substituted "one thousand dollars, or both, including a conviction in magistrates or general sessions court" for "five hundred dollars, or both"; and in subsection (C), substituted "pursuant to" for "under". 2014 Act No. 276, SECTION 2, in subsection (A), inserted "and any associated bench warrant"; and in subsection (B), inserted "including any associated bench warrant". 2015 Act No. 58, SECTION 25, in (A), substituted "this subsection" for "this section", and deleted former (A)(3), relating to offenses contained in Chapter 25, Title 16 except criminal domestic violence; added new (B); redesignated former (B) through (D) accordingly; and rewrote (C). 2016 Act No. 132, SECTION 4, in (A), incorporated text from former (1) into the last sentence, and deleted former (2), relating to a violation of Title 50. 2018 Act No. 254, SECTION 2, in (A), in the first sentence, deleted "first offense" following "Following a"; in (B), deleted "first offense" following "Following a", and inserted "or Section 16-25-20(B)(1) as it existed before June 4, 2015," following "to Section 16-25-20(D),"; in (C), in the first sentence, inserted ", including out-of-state convictions," following "has had no other conviction", and deleted the second and third sentences, which related to records being expunged more than once and records being expunged for convictions prior to June 1, 1992; in (E), added the second sentence, relating to multiple offenses; and added (F), providing that no person may have the person's records expunged more than once, and that a record may be expunged even though the conviction occurred before the effective date of this section. 2024 Act No. 111, SECTION 17, in (A), in the first sentence, inserted "or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both,"; and in (E), in the second sentence, substituted "offenses listed pursuant to subsection (A)" for "offenses for crimes carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both".
S.C. Code Ann. § 22-9-210 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-210
SECTION 22-9-210. Effect on constables' common law authority.
Status: in_force

Nothing in Sections 22-9-180 to 22-9-210 shall have the effect of infringing upon the authorities now possessed by constables pursuant to common law.
S.C. Code Ann. § 22-5-180 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-180
SECTION 22-5-180. Swearer of warrant precluded from serving it.
Status: in_force

No magistrate shall deputize the person swearing out a warrant in any case to serve it.
S.C. Code Ann. § 22-1-10 — SC Code / Title 22 / Chapter 1 / Section 22-1-10
SECTION 22-1-10. Appointment; term and territorial jurisdiction; training, certification, or recertification requirements.
Status: in_force

(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified, or their positions are terminated as provided in subsection (B), Section 22-1-30, or Section 22-2-40. Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991. At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years. Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law. The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section. (B)(1) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education. (2) Notwithstanding the educational qualifications required in item (1): (a) On and after July 1, 2001, no person is eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) has not received a two-year associate degree. (b) On and after July 1, 2005, no person is eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) has not received a four-year baccalaureate degree. (C) Notwithstanding any other provision of law relating to the terms and qualifications of magistrates: (1) All magistrates shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year. (a) Magistrates appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 1995, whichever is later. (b) Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this act, shall pass a certification examination before April 30, 1995. (c) Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 1996. (d) Every magistrate shall pass a recertification examination within eight years after passing the initial certification examination, and at least once every eight years thereafter. (2) If any magistrate does not comply with these training or examination requirements, his office is declared vacant on the date the time expires, or when he is notified, as provided in subsection (D), whichever is earlier. (D) Upon written notification of the Supreme Court or its designee to the affected magistrate and the Governor of the failure of the magistrate to complete the training program or pass the certification examination required pursuant to subsection (C), the magistrate's office is declared vacant, the magistrate does not hold over, and the Governor shall appoint a successor in the manner provided by law; however, the Governor shall not reappoint the current magistrate who failed to complete the training program or pass the certification examination required pursuant to subsection (C) to a new term or to fill the vacancy in the existing term. Effect of Amendment The 2011 amendment, in subsection (A), in the first sentence, added ", or their positions are terminated as provided in subsection (B), Section 22-1-30, or Section 22-2-40".
S.C. Code Ann. § 22-2-80 — SC Code / Title 22 / Chapter 2 / Section 22-2-80
SECTION 22-2-80. Selection of jury list.
Status: in_force

(A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner: A person appointed by the magistrate who is not connected with the trial of the case for either party must draw out of Compartment "A" of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party. (B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the attorney for each party.
S.C. Code Ann. § 22-3-1150 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1150
SECTION 22-3-1150. Plaintiff, issue with title.
Status: in_force

If, however, it appear on the trial from the plaintiff's own showing that the title to real property is in question and such title shall be disputed by the defendant the magistrate shall dismiss the action and render judgment against the plaintiff for the costs.
S.C. Code Ann. § 22-5-530 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-530
SECTION 22-5-530. Deposits in lieu of recognizance; payment to jail or detention facility to secure immediate release.
Status: in_force

(A) A person charged and to be tried before a magistrate or municipal judge for a violation of law is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which the person is to be tried. However, an individualized hearing must be held when the person is charged with a violation of the provisions of Chapter 25, Title 16 and the victim of the offense must be notified pursuant to the provisions of Section 16-3-1525(H). (B) In a jurisdiction in which the governing body has established a system for receipt of deposits in lieu of recognizance: (1) a person held or incarcerated in a jail or detention center who is entitled to deposit a sum of money in lieu of entering into recognizance pursuant to this section may secure the person's immediate release from custody by paying to or depositing the sum of money required by this section with the jail or detention facility in which the person is being held; and (2) a person held or incarcerated in a jail or detention center whose bond has been set by a summary court judge may secure the person's immediate release from custody by paying to or depositing the sum of money set by the summary court judge with the jail or detention facility in which the person is being held. (C) Money paid to or deposited with a jail or detention facility under the authority of this section is considered paid to or deposited with the magistrate or municipal judge in lieu of entering into recognizance and must be accounted for and paid over to the magistrate or municipal judge by the jail or detention facility for disposition according to law. Money paid to or deposited pursuant to this section must be accounted for and audited in the manner required by the governing body and any other appropriate agency. The provisions of this section must not be construed to abrogate or otherwise affect the notice requirements for victims of crime and other rights of victims of crime provided for in Article 5 of Title 16. Effect of Amendment 2014 Act No. 144, SECTION 4, in subsection (B), added paragraph designator (1); in subsection (B)(1), substituted "pursuant to" for "under", substituted "the person's" for "his" and substituted "the person" for "he"; and added subsection (B)(2).
S.C. Code Ann. § 22-9-20 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-20
SECTION 22-9-20. Certificate of qualification; bond.
Status: in_force

When any person shall be elected or appointed to the office of constable he shall repair to the clerk's office of the county and, together with the evidence of his election or appointment, he shall lodge his bond in the form prescribed by law in the penalty of five hundred dollars, with good sureties, not less than two nor more than five, to be approved in writing by the clerk. Upon taking the oaths herein prescribed such person shall be entitled to a certificate from the clerk that he has filed his bond and taken the requisite oaths and shall thenceforth be regarded as a regularly qualified constable. No person not so qualified shall exercise the powers of a constable, except as otherwise expressly provided and except that nothing herein contained shall prevent a presiding judge, a magistrate or a coroner from appointing a constable to act by virtue of such appointment only on a particular occasion, to be specified in writing.
S.C. Code Ann. § 22-9-140 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-140
SECTION 22-9-140. Penalty for failing to execute process of magistrate's court.
Status: in_force

A constable appointed by a magistrate must execute, when required, every lawful order, judgment, and determination of the magistrate and of any magistrate's court. A constable who fails to perform these duties is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 22-2-10 — SC Code / Title 22 / Chapter 2 / Section 22-2-10
SECTION 22-2-10. Screening committee to assist in selection of magistrates.
Status: in_force

A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees.
S.C. Code Ann. § 22-2-160 — SC Code / Title 22 / Chapter 2 / Section 22-2-160
SECTION 22-2-160. Compensation and mileage for service on coroner's and magistrate's juries.
Status: in_force

Jurors serving in magistrate's court, and on coroner's juries shall receive a per diem of ten dollars, and mileage. Compensation and mileage shall be paid by the county in which the jury sits.
S.C. Code Ann. § 22-3-930 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-930
SECTION 22-3-930. Attendance of witnesses; testimony.
Status: in_force

Any magistrate, on the application of a party to a cause pending before the magistrate, must issue a summons citing any person whose testimony may be required in the cause and who resides in the county to appear before the magistrate at a certain time and place to give evidence. This summons must be served in a manner such that it is received by the witness at least one day before his attendance is required. If the witness fails or refuses to attend, the magistrate may issue a rule to show cause commanding the witness to be brought before the magistrate or, if any witness attending refuses to give evidence without good cause shown, the magistrate may punish the witness for contempt by imposition of a sentence up to the limits imposed on magistrates' courts in Section 22-3-550.
S.C. Code Ann. § 22-1-90 — SC Code / Title 22 / Chapter 1 / Section 22-1-90
SECTION 22-1-90. Monthly reports of moneys collected; treasurer's record.
Status: in_force

Every magistrate shall, on the first Wednesday in each month or within ten days thereafter, make to the auditor and treasurer of his county a full and accurate statement in writing of all moneys collected by him on account of fines, penalties or forfeitures during the past month together with the title of each case in which a fine has been paid. The county treasurer shall keep a record of the title of each case in which the fine has been paid, the nature of the offense for which the fine was imposed and the amount thereof. In default thereof the magistrate or treasurer, as the case may be, shall, on conviction, be liable to a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding two months or both, at the discretion of the court.
S.C. Code Ann. § 22-3-1120 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1120
SECTION 22-3-1120. Title to real property; written undertaking by defendant.
Status: in_force

At the time of answering the defendant shall deliver to the magistrate a written undertaking, executed by at least one sufficient surety and approved by the magistrate, to the effect that if the plaintiff shall within twenty days thereafter deposit with the magistrate a summons and complaint in an action in the circuit court for the same cause the defendant will within twenty days after such deposit give an admission in writing to the service thereof. When the defendant was arrested in the action before the magistrate the undertaking shall further provide that he will at all times render himself amenable to the process of the court during the pending of the action and to such as may be issued to enforce the judgment therein. In case of failure to comply with the undertaking the surety shall be liable for not exceeding one hundred dollars.
S.C. Code Ann. § 22-3-1340 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1340
SECTION 22-3-1340. Sureties in bond or undertaking, defendant's exception.
Status: in_force

The defendant may, at any time after such service and at least two days before the return day of the summons, serve upon the plaintiff or upon the constable who made such service a notice in writing that he excepts to the sureties in the bond or undertaking and if he fail to do so all objection thereto shall be waived. If such notice be served, the sureties shall justify or the plaintiff shall give new sureties on the return day of such summons, who shall then appear and justify, or the magistrate shall order the property delivered to the defendant and shall also render judgment for defendant's costs and disbursements.
S.C. Code Ann. § 22-3-20 — SC Code / Title 22 / Chapter 3 / Article 1 / Section 22-3-20
SECTION 22-3-20. Civil actions when magistrate has no jurisdiction.
Status: in_force

No magistrate shall have cognizance of a civil action: (1) In which the State is a party, except an action for a penalty and not exceeding one hundred dollars; or (2) When the title to real property shall come in question, except as provided in Article 11 of this chapter.
S.C. Code Ann. § 22-2-200 — SC Code / Title 22 / Chapter 2 / Section 22-2-200
SECTION 22-2-200. Accommodations tax revenue; number of magistrates.
Status: in_force

The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-3-30, and Chapter 8 of Title 22 may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. A county which generates four million dollars or more annually in accommodations tax revenue may increase the number of its magistrates notwithstanding the provisions of this chapter or Chapter 8 of Title 22.
S.C. Code Ann. § 22-5-920 — SC Code / Title 22 / Chapter 5 / Article 11 / Section 22-5-920
SECTION 22-5-920. Conviction as a youthful offender.
Status: in_force

(A) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses for which the individual received a youthful offender sentence at a single sentencing proceeding for offenses that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes. (B)(1) Following a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, but not including a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. (2) However, this section does not apply to: (a) an offense involving the operation of a motor vehicle; (b) an offense classified as a violent crime in Section 16-1-60; (c) an offense contained in Chapter 25, Title 16, except as otherwise provided in Section 16-25-30; or (d) an offense for which the individual is required to register in accordance with the South Carolina Sex Offender Registry Act. (3) If the defendant has had no other conviction, to include out-of-state convictions, but to not include a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018, during the service of the youthful offender sentence, including probation and parole, and during the five-year period following completion of the defendant's sentence, including probation and parole, for a first offense conviction as a youthful offender for which the defendant was sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the circuit court may issue an order expunging the records. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person's record expunged pursuant to the provisions of this section; however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section. (C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once. Editor's Note 2016 Act No. 132, SECTION 6, provides as follows: "SECTION 6. This act takes effect ninety days after approval by the Governor. This act applies retroactively to allow for the expungement of offenses charged, discharged, dismissed, or nolle prossed prior to the effective date of this act, and persons convicted or found not guilty prior to the effective date of this act." 2023 Act No. 73, SECTION 2, provides as follows: "SECTION 2. This act takes effect upon approval by the Governor, and applies retroactively to convictions before the effective date of this act." Effect of Amendment The 2009 amendment, in subsection (B), in the first sentence substituted "five years" for "fifteen years" and "completion of his sentence, including probation and parole," for "the conviction", and in the third sentence substituted "five-year period" for "fifteen-year period" and "completion of his sentence, including probation and parole, for a" for "the". The 2010 amendment in subsection (B), added reference to "Youth Offender Act" in the first and second sentences, and added the last sentence relating to a person who was eligible but was not sentenced pursuant to the provisions of the Youth Offender Act. 2016 Act No. 132, SECTION 5, rewrote (B), adding the paragraph identifiers, deleting reference to Title 50 violations, and making other nonsubstantive changes. 2018 Act No. 254, SECTION 3, rewrote the section, redefining "conviction" to expand eligibility, including that a person required to register on the sex offender registry is not eligible for expungement, and providing retroactive application under certain circumstances. 2023 Act No. 73, SECTION 1, in (B), in (1), inserted "but not including a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018,", and in (3), in the first sentence, inserted "but to not include a conviction for driving under suspension or a conviction for disturbing schools as provided for in Section 16-17-420 before May 17, 2018,".
S.C. Code Ann. § 22-5-350 — SC Code / Title 22 / Chapter 5 / Article 5 / Section 22-5-350
SECTION 22-5-350. Return of papers pertaining to general sessions court; character of the papers.
Status: in_force

All papers pertaining to the court of general sessions shall be returned, with a report of the case with the names and addresses of all material witnesses and a synopsis of all testimony, by each magistrate to the clerk of court within fifteen days after the arrest in each case has been made and a preliminary hearing had or waived, except such as may have been issued or received by the magistrate within fifteen days preceding the convening of any court and except when preliminary hearings have been demanded and no opportunity had for such hearing, in which cases magistrates shall return such papers and report thereon to the clerk of court, as directed in this section, not later than the first day of such term. Every such paper shall be endorsed legibly with the title of the case, nature of the offense, kind of proceeding and the magistrate's name.
S.C. Code Ann. § 22-2-70 — SC Code / Title 22 / Chapter 2 / Section 22-2-70
SECTION 22-2-70. Jury trials following improper preparation of jury box.
Status: in_force

If it is determined that the jury box has not been prepared as provided in this chapter, no jury trial shall be held until the box has been prepared as provided by law; provided, however, that no verdict shall be rendered invalid by reason of failure to comply with the provisions of this chapter if no challenge was raised prior to a jury being sworn.
S.C. Code Ann. § 22-2-100 — SC Code / Title 22 / Chapter 2 / Section 22-2-100
SECTION 22-2-100. Primary and alternate jurors; peremptory challenges.
Status: in_force

The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment "A" until sufficient jurors and alternates are selected.
S.C. Code Ann. § 22-2-20 — SC Code / Title 22 / Chapter 2 / Section 22-2-20
SECTION 22-2-20. Establishment of jury areas for juries serving courts of magistrates.
Status: in_force

The General Assembly shall establish jury areas from which juries shall be drawn to serve in the courts of various magistrates within the counties of this State. Initially, the jury areas shall be determined in the following manner: The chief magistrate for administration of the county shall fix the area from which the jury shall be drawn to serve in the courts of the various magistrates within the county. The boundaries, as close as practical, shall conform to precinct lines; provided, however, that every effort should be made to conform such jury areas to existing magisterial districts or if no districts exist, then such boundaries shall include the area in the vicinity of each magistrate's court within the county.
S.C. Code Ann. § 22-3-570 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-570
SECTION 22-3-570. Larceny; jurisdiction.
Status: in_force

Magistrates have jurisdiction of petit larceny and all other larcenies involving personal property including, but not limited to: (1) money; (2) goods or chattels; (3) bank note, bond, promissory note, bill of exchange, or other bill; (4) order or certificate; (5) book of accounts; (6) deed or writing containing a conveyance of land; (7) other valuable contract in force; (8) receipt; (9) release or defeasance; or (10) any writ, process, or public record. The value of the property stolen must be one thousand dollars or less.
S.C. Code Ann. § 22-3-340 — SC Code / Title 22 / Chapter 3 / Article 3 / Section 22-3-340
SECTION 22-3-340. Assessments on filings.
Status: in_force

An assessment equal to twenty-five dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department.
S.C. Code Ann. § 22-2-90 — SC Code / Title 22 / Chapter 2 / Section 22-2-90
SECTION 22-2-90. Selection of jury list in court which schedules terms for jury trials.
Status: in_force

(A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section. (B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only. (C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only. (D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned.
S.C. Code Ann. § 22-1-20 — SC Code / Title 22 / Chapter 1 / Section 22-1-20
SECTION 22-1-20. Oath.
Status: in_force

Before entering upon the discharge of the duties of his office, each magistrate must take in writing the oath of office prescribed in the Constitution before the clerk of the court of common pleas of the county or, in case there be no such clerk, before anyone authorized to administer an oath, and must file the same with the Secretary of State.
S.C. Code Ann. § 22-3-550 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-550
SECTION 22-3-550. Minor offenses; jurisdiction; restitution; contempt; maximum consecutive sentences.
Status: in_force

(A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution in an amount not to exceed the civil jurisdictional amount provided in Section 22-3-10(2). In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule. A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition, a magistrate may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C). (B) However, a magistrate does not have the power to sentence a person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11, Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545. Effect of Amendment The 2010 amendment in the second sentence of subsection (A) substituted "the civil jurisdictional amount provided in Section 22-3-10(2)" for "five thousand dollars". The 2013 amendment added the second sentence in the second paragraph, relating to Section 17-25-323.
S.C. Code Ann. § 22-3-1460 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1460
SECTION 22-3-1460. Judgment in actions for claim and delivery.
Status: in_force

The judgment for the plaintiff may be for the possession, the recovery of the possession or the value thereof in case a delivery cannot be had and for damages for the detention. If the property has been delivered to the plaintiff and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof in case a return cannot be had and damages for taking and withholding the property.
S.C. Code Ann. § 22-5-570 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-570
SECTION 22-5-570. Amount of recognizance of witness.
Status: in_force

The recognizance of any prosecutor or witness, in a case of misdemeanor, shall not be for less than one hundred dollars and, in case of a capital felony, shall not be for less than five hundred dollars though in all cases the magistrate shall cause it to be in such amount as the circumstances may seem to require.
S.C. Code Ann. § 22-9-180 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-180
SECTION 22-9-180. Certain constables authorized to carry pistols.
Status: in_force

Notwithstanding any other provision of law, magistrates' constables who have received the required training by the South Carolina Law Enforcement Division as set forth in Sections 22-9-180 to 22-9-210, shall be authorized to carry pistols on and about their persons when on official duty as such constables and when going to and from their places of residence. Provided, however, that the Chief of the South Carolina Law Enforcement Division, after hearing and for cause, may deny such privilege to any such constable who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the Chief or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term "conviction" shall include a plea of guilty, a plea of nolo contendere or forfeiture of bail.
S.C. Code Ann. § 22-3-710 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-710
SECTION 22-3-710. Proceedings commenced on information.
Status: in_force

All proceedings before magistrates in criminal cases shall be commenced on information under oath, plainly and substantially setting forth the offense charged, upon which, and only which, shall a warrant of arrest issue.
S.C. Code Ann. § 22-3-300 — SC Code / Title 22 / Chapter 3 / Article 3 / Section 22-3-300
SECTION 22-3-300. Filing and docketing judgments.
Status: in_force

A magistrate, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof which may be filed and docketed in the office of the circuit court of the county in which the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon and entered in the abstract of judgments and from that time the judgment shall be a judgment of the circuit court, but no sale shall be made under any execution issued upon such judgment in the circuit court until the time for appeal from the judgment in the magistrates court has expired, nor pending such appeal. If the judgment is set aside in the magistrates court, it shall have the effect of setting aside the judgment filed and docketed in the circuit court. The filing and docketing of such transcript in the circuit court shall not affect the right of the magistrate to grant a new trial. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county and with like effect in every respect as in the county in which the judgment was rendered. Effect of Amendment The 2008 amendment made no apparent changes.
S.C. Code Ann. § 22-3-330 — SC Code / Title 22 / Chapter 3 / Article 3 / Section 22-3-330
SECTION 22-3-330. Courtesy summons.
Status: in_force

Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons.
S.C. Code Ann. § 22-3-1480 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1480
SECTION 22-3-1480. Judgment when property not delivered to plaintiff or when defendant claims return.
Status: in_force

In all actions for the recovery of the possession of personal property, as herein provided, if the property shall not have been delivered to the plaintiff or the defendant by answer shall claim a return thereof, the magistrate or jury shall assess the value thereof and the injury sustained by the prevailing party by reason of the taking or detention thereof and the magistrate shall render judgment accordingly, with costs and disbursements.
S.C. Code Ann. § 22-3-30 — SC Code / Title 22 / Chapter 3 / Article 1 / Section 22-3-30
SECTION 22-3-30. Counterclaim, transfer to court of common pleas.
Status: in_force

When a counterclaim is filed which if successful would exceed the magistrates' civil jurisdictional amount as provided in Section 22-3-10, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit.
S.C. Code Ann. § 22-2-210 — SC Code / Title 22 / Chapter 2 / Section 22-2-210
SECTION 22-2-210. Increase in number of magistrates under certain conditions.
Status: in_force

The number of magistrates in the counties below fifteen thousand in population may be increased by one part-time additional magistrate if the number allowed under Chapter 8 of Title 22 is less by .25 than the number presently serving in office.
S.C. Code Ann. § 22-3-25 — SC Code / Title 22 / Chapter 3 / Article 1 / Section 22-3-25
SECTION 22-3-25. Interpleader actions.
Status: in_force

(A) In compliance with Section 22-3-20(2) and Article 11 of this chapter, actions in the nature of interpleader arising from real estate contracts for the recovery of earnest money, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the magistrates court, may be filed in magistrates court under the provisions of this section. The fee for an action in the nature of interpleader filed in magistrates court is as provided in Section 8-21-1010(6) with service fees as provided by law. (B) The failure of a competing claimant to recover in an interpleader action must not be considered as a judgment against the claimant and must not be used to impair the credit of the claimant. (C) The Office of Court Administration must design appropriate legal forms for proceeding under this section and make those forms available for distribution.
S.C. Code Ann. § 22-5-340 — SC Code / Title 22 / Chapter 5 / Article 5 / Section 22-5-340
SECTION 22-5-340. Removal of hearing.
Status: in_force

A defendant when first brought before a magistrate may demand a removal of the hearing to the next magistrate on the same grounds as in cases within the jurisdiction of the magistrate and shall be granted two days, if requested, within which to prepare a showing for such removal during which time he shall be held by recognizance in bailable cases or committed for custody.
S.C. Code Ann. § 22-5-10 — SC Code / Title 22 / Chapter 5 / Article 1 / Section 22-5-10
SECTION 22-5-10. Warrant to break open doors of gambling rooms.
Status: in_force

Any magistrate residing in any incorporated city or town of this State, on information by oath of any credible witness that any of the criminal laws against gambling is being violated, may grant his warrant, under his hand and seal, to break open and enter any closed door or room within such city, wherever such offense is alleged to prevail.
S.C. Code Ann. § 22-1-17 — SC Code / Title 22 / Chapter 1 / Section 22-1-17
SECTION 22-1-17. Continuing education.
Status: in_force

(A) The South Carolina Court Administration is authorized to establish and determine the number of contact hours to be completed in a continuing education program of two years available to a magistrate who has successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates. (B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates. The technical college system may assess a reasonable fee for each participant in the program in order to pay for the program's expenses. (C) The funding for this program shall be provided from fees and costs collected by magistrates or magistrates' courts and deposited in the general fund of the county. (D) Subsections (A) and (B) are effective July 1, 2001; however, the planning and development of this program shall begin on or after July 1, 2000, and the effective date for subsections (C) and (D) is July 1, 2000.
S.C. Code Ann. § 22-1-60 — SC Code / Title 22 / Chapter 1 / Section 22-1-60
SECTION 22-1-60. Issuance of receipts for moneys collected.
Status: in_force

All magistrates in this State shall issue receipts for all moneys paid to or collected by them. Such receipt shall in each instance state the amount paid to or collected by the magistrate and for what purpose and the title of the cause.
S.C. Code Ann. § 22-3-1320 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1320
SECTION 22-3-1320. Claim and delivery action, plaintiff affidavit.
Status: in_force

Before any process shall be issued in an action to recover the possession of personal property, the plaintiff, his agent or attorney, shall make proof by affidavit, showing: (1) That the plaintiff is the owner or is entitled to immediate possession of the property claimed, particularly describing such property; (2) That such property is wrongfully withheld or detained by the defendant; (3) The cause of such detention or withholding thereof, according to the best knowledge, information and belief of the person making the affidavit; (4) That such personal property has not been taken for any tax, fine or assessment, pursuant to statute, or seized by virtue of an execution or attachment against the property of the plaintiff or, if so seized, that it is exempt from such seizure by statute; and (5) The actual value of such personal property.
S.C. Code Ann. § 22-5-190 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-190
SECTION 22-5-190. Endorsement and execution of warrants issued in other counties or by municipal authorities.
Status: in_force

(A) A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the county of the endorsing magistrate. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county. (B) Whenever a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring the arrest of any person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section. (C) Except as otherwise provided in subsection (B), whenever a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring the arrest of anyone charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall be promptly turned over to police officers of the municipality from which the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle. (D) All costs, fees, travel, and other expenses in connection with the endorsement and execution of such warrants shall be paid by the municipality involved to the county or officers entitled thereto.
S.C. Code Ann. § 22-2-150 — SC Code / Title 22 / Chapter 2 / Section 22-2-150
SECTION 22-2-150. Persons entitled to trial by jury.
Status: in_force

Every person arrested and brought before a magistrate charged with an offense within his jurisdiction shall be entitled on demand to trial by jury which shall be selected as provided in this chapter.
S.C. Code Ann. § 22-2-85 — SC Code / Title 22 / Chapter 2 / Section 22-2-85
SECTION 22-2-85. Postponement of jury service for students.
Status: in_force

If a student selected for jury service during the school term so requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this section, a student is a person enrolled in high school or an institution of higher learning, including technical college.
S.C. Code Ann. § 22-3-800 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-800
SECTION 22-3-800. Suspension of imposition or execution of sentence in certain cases.
Status: in_force

Notwithstanding the limitations of Sections 17-25-100 and 24-21-410, after a conviction or plea for an offense within a magistrate's jurisdiction the magistrate at the time of sentence may suspend the imposition or execution of a sentence upon terms and conditions the magistrate considers appropriate, including imposing or suspending up to one hundred hours of community service, except where the amount of community service is established otherwise. The magistrate shall not order community service in lieu of a sentence for offenses under Title 50, for offenses under Section 34-11-90, or for an offense of driving under suspension pursuant to Section 56-1-460 when the person's driver's license was suspended pursuant to the provisions of Section 56-5-2990. The magistrate must keep records on the community service hours ordered and served for each sentence. However, after a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within the magistrate's jurisdiction, at the time of sentence the magistrate may suspend the imposition or execution of a sentence only upon a showing of satisfactory proof of restitution. When a minimum sentence is provided for by statute, except in Section 34-11-90, the magistrate may not suspend that sentence below the minimum sentence provided, and penalties under Title 50 may not be suspended to an amount less than twenty-five dollars unless the minimum penalty is a fine of less than that amount. Nothing in this section may be construed to authorize or empower a magistrate to suspend a specific suspension of a right or privilege imposed under a statutory administrative penalty. Nothing in this section may be construed to give a magistrate the right to place a person on probation.
S.C. Code Ann. § 22-1-80 — SC Code / Title 22 / Chapter 1 / Section 22-1-80
SECTION 22-1-80. Books required, disposition in case of death or resignation.
Status: in_force

Each magistrate shall keep two books, one for civil and the other for criminal cases, wherein he shall insert all his proceedings in each case by its title, showing the commencement, progress and termination thereof, as well as all fees charged or received by him. He shall also enter upon his book of criminal cases all warrants issued by him and what disposition he has made of them, what moneys have been collected from fines, costs and otherwise thereunder and what disposition he has made of them. He shall produce such books when required, for the inspection of the solicitor of the circuit. Whenever any magistrate shall die, resign, be removed or go out of office his books of office, with all records relating thereto in civil cases which have not been settled, shall be turned over to his successors or to some magistrate in the same county, who shall proceed thereon the same as if he had tried such cases and issued the papers thereon himself.
S.C. Code Ann. § 22-3-1370 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1370
SECTION 22-3-1370. Order restraining defendant from damaging, concealing or removing property.
Status: in_force

The magistrate shall concurrently have served on the defendant, when immediate possession of the subject property is not being taken, an order restraining the defendant from damaging, concealing or removing such property. Upon proper showing that such order has been violated, the defendant shall be subject to a fine not to exceed one hundred dollars or imprisonment for not more than thirty days.
S.C. Code Ann. § 22-8-20 — SC Code / Title 22 / Chapter 8 / Section 22-8-20
SECTION 22-8-20. Judicial functions.
Status: in_force

Magistrates are judicial officers, and the hours they spend in the performance of their official duties are hours spent in the exercise of their judicial function. The exercise of the judicial function involves the examination of facts leading to findings, the application of law to those findings, and the ascertainment of the appropriate remedy. Time spent in the performance of judicial functions also includes time spent performing ministerial duties necessary for the exercise of the magistrates' judicial powers, as well as necessary travel and training time. In the case of chief magistrates, the judicial function includes time necessary to perform the administrative and other duties required of a chief magistrate for administrative purposes. The classification or reclassification of magistrates as full time or part time must be made in consideration of these factors.
S.C. Code Ann. § 22-5-520 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-520
SECTION 22-5-520. Amount of recognizance of accused.
Status: in_force

If the offense charged be punishable with fine and imprisonment, or either, the recognizance of the accused entered into before a magistrate shall not be for less than two hundred dollars and in all cases the magistrate taking the recognizance shall cause it to be in such amount as the circumstances may seem to require.
S.C. Code Ann. § 22-3-1140 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1140
SECTION 22-3-1140. Procedure if undertaking not delivered.
Status: in_force

If such an undertaking be not delivered to the magistrate he shall have jurisdiction of the cause and shall proceed therein and the defendant shall be precluded, in his defense, from drawing the title in question.
S.C. Code Ann. § 22-1-16 — SC Code / Title 22 / Chapter 1 / Section 22-1-16
SECTION 22-1-16. Trial observation requirement for new magistrates who are not attorneys.
Status: in_force

(A) A magistrate whose initial appointment begins on or after July 1, 2001, and who is not an attorney licensed in this State at the time of his initial appointment may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate must state the name of the proceeding, the dates and the tribunals involved, and must be attested to by the judge conducting the proceeding. (B) The required trial experiences must include the following: (1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside; (2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside; (3) one criminal jury trial in circuit court; and (4) one civil jury trial in circuit court. (C) The trial observations may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate.
S.C. Code Ann. § 22-3-750 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-750
SECTION 22-3-750. Procedure against corporations for violating criminal laws.
Status: in_force

Whenever any person shall make an affidavit before any magistrate that any corporation doing business in this State, whether incorporated under the laws of this State or not, has violated any of the criminal laws of the State the enforcement of which is within the jurisdiction of such magistrate, such magistrate shall 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 when and where such corporation shall appear for trial, and upon service of such warrants in the manner provided in Section 17-13-80 the magistrate shall obtain and have jurisdiction of such corporation.
S.C. Code Ann. § 22-3-790 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-790
SECTION 22-3-790. Recording and acknowledgement of testimony by witnesses.
Status: in_force

In the trial of any case before a magistrate the testimony of all witnesses must be taken down in writing and signed by the witnesses except when the defendant waives the taking and signing of the testimony. In any case before any magistrate in which a stenographer takes down the testimony or in which the testimony is electronically recorded it need not be read over and signed by the witnesses.
S.C. Code Ann. § 22-3-1440 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1440
SECTION 22-3-1440. Return of property to defendant.
Status: in_force

At any time before the return day of the summons the defendant may, if he has not excepted to the plaintiff's sureties, require the return of the property to him upon giving to the plaintiff and filing with the magistrate a written undertaking, with one or more sureties who shall justify before the magistrate on the return day of the summons to the effect that they are bound in double the value of the property, as stated in plaintiff's affidavit, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If such return be not required before the return day of the summons the property shall be delivered to the plaintiff.
S.C. Code Ann. § 22-5-110 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-110
SECTION 22-5-110. Arrest, examination, and commitment or punishment; warrant; courtesy summons.
Status: in_force

(A) Magistrates shall: (1) cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county flee out of the county; (2) examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors; (3) commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction; and (4) punish those guilty of such offenses within their jurisdiction. (B)(1) An arrest warrant may not be issued for the arrest of a person unless sought by a law enforcement officer acting in their official capacity. (2) If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons. (3) If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court must issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed. Effect of Amendment The first 2008 amendment designated subsection (A) and added subsection (B) relating to courtesy summons. The second 2008 amendment also designated subsection (A) and added an identical subsection (B) relating to courtesy summons. The 2011 amendment rewrote the section.
S.C. Code Ann. § 22-3-510 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-510
SECTION 22-3-510. Criminal jurisdiction abolished in counties where county courts established.
Status: in_force

The jurisdiction of magistrates in criminal cases in all counties wherein a county court is established under the provisions of Chapter 9 of Title 14 is hereby abolished.
S.C. Code Ann. § 22-9-200 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-200
SECTION 22-9-200. Promulgation of rules and regulations.
Status: in_force

The Chief of the South Carolina Law Enforcement Division shall promulgate rules and regulations necessary to implement the provisions of Sections 22-9-180 to 22-9-210.
S.C. Code Ann. § 22-5-310 — SC Code / Title 22 / Chapter 5 / Article 5 / Section 22-5-310
SECTION 22-5-310. Sitting as examining court in matters beyond magistrates' jurisdiction.
Status: in_force

In criminal matters beyond their jurisdiction to try, magistrates shall sit as examining courts and commit, discharge and, except in capital cases, recognize persons charged with such offenses.
S.C. Code Ann. § 22-1-200 — SC Code / Title 22 / Chapter 1 / Section 22-1-200
SECTION 22-1-200. Disposition of each criminal case; reporting requirements.
Status: in_force

(A) Magistrates shall report the disposition of each criminal case to the State Law Enforcement Division within five days, weekends and holidays excluded. (B) Magistrates shall also report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any: (1) restraining orders and emergency restraining orders; (2) magistrate court orders of protection from domestic abuse act orders; (3) orders of state firearms prohibition pursuant to Section 16-25-30; and (4) any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, but only upon being directed to transmit such orders by the appropriate magistrate. For any form orders provided by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the magistrate may select, when appropriate, to order the clerk to transmit the appropriate information to SLED. (C) The reporting required by this section must be in a format approved by the State Law Enforcement Division and Court Administration. Editor's Note 2021 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
S.C. Code Ann. § 22-3-1180 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1180
SECTION 22-3-1180. Circuit court, costs.
Status: in_force

If the judgment in the circuit court be for the plaintiff, he shall recover costs. If it be for the defendant, he shall recover costs, except that upon a verdict he shall pay costs to the plaintiff unless the judge certify that the title to real property came in question on the trial.
S.C. Code Ann. § 22-8-30 — SC Code / Title 22 / Chapter 8 / Section 22-8-30
SECTION 22-8-30. Facilities and personnel; compensation of constables.
Status: in_force

(A) Each county shall provide sufficient facilities and personnel for the necessary and proper operation of the magistrates' courts in that county. (B) Other personnel determined to be necessary by the county for magistrates in a county must be provided by the governing body of the county and must be county employees and be paid by the county. (C) The compensation of constables may vary, and salaries and perquisites must be determined by the governing board of the county and funded by the county.
S.C. Code Ann. § 22-2-130 — SC Code / Title 22 / Chapter 2 / Section 22-2-130
SECTION 22-2-130. Failure of summoned juror to appear; frequency of jury service.
Status: in_force

If a juror duly summoned neglects or refuses to appear in obedience to a venire issued by a magistrates court and does not render within forty-eight hours to the summoning magistrate a sufficient reason for his delinquency, he must pay a civil penalty not exceeding one hundred dollars. A failure to pay the civil penalty assessed is a contempt of court and may be punished accordingly. A person shall not serve on a jury in a magistrates court more than once every calendar year.
S.C. Code Ann. § 22-3-1400 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1400
SECTION 22-3-1400. Procedure when defendant cannot be found.
Status: in_force

If it shall appear by the return of a constable that he has taken the property described in the plaintiff's affidavit and that the defendant cannot be found and has no last place of abode in the county and that no agent of defendant could be found on whom service could be made, the magistrate may proceed with the cause in the same manner as though there had been a personal service.
S.C. Code Ann. § 22-3-560 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-560
SECTION 22-3-560. Breach of peace.
Status: repealed

Magistrates may punish breaches of the peace by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29." Effect of Amendment The 2008 amendment designated subsection (A) and added subsection (B) relating to assaults and batteries against sports officials and coaches. The 2010 amendment rewrote the section. 2016 Act No. 154, SECTION 3, substituted "punish breaches of the peace by a fine" for "punish by fine" and "or both" for "or both, all breaches of the peace".
S.C. Code Ann. § 22-8-10 — SC Code / Title 22 / Chapter 8 / Section 22-8-10
SECTION 22-8-10. Definitions.
Status: in_force

As used in this chapter: (1) "Chief magistrate" means the magistrate in each county who is designated by the Chief Justice of the South Carolina Supreme Court as the chief magistrate for administrative purposes for the county which he serves. (2) "Full-time magistrate" means a magistrate who regularly works forty hours a week performing official duties required of a magistrate as a judicial officer. (3) "Part-time magistrate" means a magistrate who regularly works less than forty hours a week performing official duties required of a magistrate as a judicial officer.
S.C. Code Ann. § 22-9-150 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-150
SECTION 22-9-150. Constable's causing magistrate to default in returning recognizances or other papers.
Status: in_force

In all cases in which magistrates shall fail to lodge in the offices of the clerks of the court of their respective counties recognizances taken before them for the appearance of witnesses, defendants or prosecutors before the court of general sessions for such county or information or other papers before them, returnable to such court, at least ten days before the meeting of the court, and such default shall arise from the neglect or improper delay of the constable or other officer charged with the execution of any warrant or other process pertaining to the court of general sessions, such constable shall be subject to a fine of five dollars for every such default if, upon a rule to show cause, he shall fail to excuse himself to the satisfaction of the court.
S.C. Code Ann. § 22-3-1410 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1410
SECTION 22-3-1410. Service of copy of affidavit, summons and notice; taking of property by constable.
Status: in_force

The constable to whom the affidavit, endorsement, notice of preseizure hearing and summons shall be delivered, shall, without delay, serve upon the defendant a copy of the affidavit, notice and summons, by delivering them to him personally, but, if he cannot be found, to the agent of the defendant in whose possession the property shall be found and, if neither can be found, by leaving such copies at his place of business or the last or usual place of abode of the defendant with some person of suitable age and discretion. He shall forthwith make a return of his proceedings thereon and the manner of serving the documents to the magistrate who issued the summons. Upon the magistrate endorsing upon the affidavit a direction requiring the constable to take the property, the constable to whom the affidavit and endorsement is delivered shall forthwith take the property described in the affidavit, if he can find it in the county, and shall keep it in his custody.
S.C. Code Ann. § 22-5-160 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-160
SECTION 22-5-160. Appointment of special officer.
Status: in_force

Whenever a magistrate shall have issued a warrant for the arrest of any person charged with an offense above the grade of a misdemeanor he may select any citizen of the county to execute such warrant upon his endorsement upon the warrant that, in his judgment, the selection of such person will be conducive to the certain and speedy execution of the warrant. The person so selected shall have all the powers conferred by law upon any constable within this State.
S.C. Code Ann. § 22-9-90 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-90
SECTION 22-9-90. Service of process.
Status: in_force

The service by a constable of all process in the nature of a notice for personal appearance shall be by delivering to the party a copy of the process or by leaving it at his best-known place of residence.
S.C. Code Ann. § 22-2-5 — SC Code / Title 22 / Chapter 2 / Section 22-2-5
SECTION 22-2-5. Eligibility examinations for magistrates.
Status: in_force

(A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made. (B) The court administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met. (C) The court administration, in cooperation with the technical college system, shall develop an optional examination preparatory course. The technical college system may assess a reasonable fee from each participant who takes the examination or the preparatory course in order to pay for administering the examination and course. The planning and development of the eligibility examination and optional examination preparatory course shall begin on or after July 1, 2000.
S.C. Code Ann. § 22-9-110 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-110
SECTION 22-9-110. Return when personalty is levied on or attached; advertisement of sale.
Status: in_force

When a constable may levy an execution or serve an attachment on personalty, he shall specify by endorsement on the execution or attachment or by schedule thereunto annexed a list of every article so levied on or attached and forthwith lodge a copy of such list with the person issuing the process under which he acts. In all cases of sale by a constable he shall give fifteen days' notice by advertisement at two of the most public places in the neighborhood of the time and place of sale.
S.C. Code Ann. § 22-9-40 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-40
SECTION 22-9-40. Removal upon conviction by indictment.
Status: in_force

Upon the conviction of any constable by indictment, the judge before whom the case may be tried may, by order, declare the convict to be removed from office, whereupon his office shall be deemed vacant.
S.C. Code Ann. § 22-1-70 — SC Code / Title 22 / Chapter 1 / Section 22-1-70
SECTION 22-1-70. Disposition of fines and penalties imposed and collected in criminal cases.
Status: in_force

All fines and penalties imposed and collected by magistrates in criminal cases must be forthwith turned over by them to the county treasurers of their respective counties for county purposes; provided, that when a magistrate presides over a municipal court under contract between the municipality and the county governing body as authorized by Section 14-25-25, a portion of such fines and penalties imposed and collected shall be turned over to the treasurer of the municipality under the provisions of the contract between the municipality and the county governing body which shall specify the portion to be turned over to the treasurer of the municipality. But when, by law any person is entitled, as informer, to any portion of such fine or penalty, such portion shall be immediately paid over to him. If any magistrate shall neglect or refuse to pay over all fines and penalties collected by him in any criminal cause or proceeding he shall, on conviction thereof, be subject to a fine of not less than one hundred nor more than one thousand dollars and imprisonment for not less than three nor more than six months and shall be dismissed from office.
S.C. Code Ann. § 22-3-720 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-720
SECTION 22-3-720. Amendment of information.
Status: in_force

The information may be amended at any time before trial.
S.C. Code Ann. § 22-2-50 — SC Code / Title 22 / Chapter 2 / Section 22-2-50
SECTION 22-2-50. Preparation of jury lists.
Status: in_force

In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates.
S.C. Code Ann. § 22-3-990 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-990
SECTION 22-3-990. New trials.
Status: in_force

Any magistrate may grant a new trial in any case tried in his court for reasons for which new trials have usually been granted in the courts of law of this State. The granting of a new trial shall in no wise affect the right and duty of such magistrate to change the venue of a case as provided in Section 22-3-920.
S.C. Code Ann. § 22-5-170 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-170
SECTION 22-5-170. Duty of special officer appointed by magistrate.
Status: in_force

Any person so selected shall forthwith proceed to execute the warrant and upon his wilfully, negligently or carelessly failing to make the arrest or permitting the party to escape after arrest he shall be punished, upon conviction after indictment, by fine and imprisonment in the county jail, in the discretion of the judge before whom the indictment may be tried, such imprisonment not to be less than six months.
S.C. Code Ann. § 22-1-170 — SC Code / Title 22 / Chapter 1 / Section 22-1-170
SECTION 22-1-170. Attorney's fees awards.
Status: in_force

A magistrate may award attorney's fees in the same manner as is provided by law for circuit judges in this State in civil matters.
S.C. Code Ann. § 22-2-110 — SC Code / Title 22 / Chapter 2 / Section 22-2-110
SECTION 22-2-110. Peremptory challenges.
Status: in_force

Parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.
S.C. Code Ann. § 22-3-540 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-540
SECTION 22-3-540. Exclusive and concurrent jurisdiction.
Status: in_force

Magistrates shall have exclusive jurisdiction of all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days, except cases in which an offense within the jurisdiction of a magistrate is included in the charge of an offense beyond his jurisdiction or when it is permissible to join a charge of an offense within his jurisdiction with one or more of which the magistrate has no jurisdiction. Magistrates shall have concurrent but not exclusive jurisdiction in the excepted cases. The provisions of this section shall not be construed so as to limit the jurisdiction of any magistrate whose jurisdiction has been extended beyond that stated above.
S.C. Code Ann. § 22-5-130 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-130
SECTION 22-5-130. Magistrate as prosecutor.
Status: in_force

Whenever there shall be an indictment for any offense committed in his view the magistrate shall be the prosecutor and he shall bind in recognizance all necessary witnesses.
S.C. Code Ann. § 22-3-1010 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-1010
SECTION 22-3-1010. Itemized costs.
Status: in_force

Any person, before paying any costs in any magistrate's court, may demand of the magistrate an itemized account of such costs. Such account shall be receipted by the magistrate at the time the costs are paid and no person shall be compelled to pay any costs in any magistrate's court unless the magistrate shall furnish to such person an itemized account.
S.C. Code Ann. § 22-5-210 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-210
SECTION 22-5-210. Copy of arrest warrant to arrested person.
Status: in_force

When any person is arrested in a criminal matter pursuant to an arrest warrant, the person so arrested shall be furnished with a copy of such warrant and the affidavit upon which the warrant was issued.
S.C. Code Ann. § 22-3-740 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-740
SECTION 22-3-740. Multiple offenses, one act.
Status: in_force

Whenever a person be accused of committing an act which is susceptible of being designated as several different offenses the magistrate upon the trial of the person shall be required to elect which charge to prefer and a conviction or an acquittal upon such elected charge shall be a complete bar to further prosecution for such alleged act.
S.C. Code Ann. § 22-3-520 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-520
SECTION 22-3-520. Jurisdiction limited to county.
Status: in_force

Magistrates shall have and exercise within their respective counties all the powers, authority and jurisdiction in criminal cases herein set forth.
S.C. Code Ann. § 22-9-30 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-30
SECTION 22-9-30. Oath.
Status: in_force

Every constable shall, before receiving the certificate provided for in Section 22-9-20 take the following oaths: The oath prescribed by the Constitution for civil officers and also the additional oath prescribed by Section 8-3-20.
S.C. Code Ann. § 22-2-135 — SC Code / Title 22 / Chapter 2 / Section 22-2-135
SECTION 22-2-135. Essential service to business excuse.
Status: in_force

Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the magistrate if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
S.C. Code Ann. § 22-3-730 — SC Code / Title 22 / Chapter 3 / Article 7 / Section 22-3-730
SECTION 22-3-730. Proceedings are summary.
Status: in_force

All proceedings before magistrates shall be summary or with only such delay as a fair and just examination of the case requires.
S.C. Code Ann. § 22-7-40 — SC Code / Title 22 / Chapter 7 / Section 22-7-40
SECTION 22-7-40. Receipt of certain compensation in criminal cases; penalty.
Status: in_force

It shall be unlawful for any salaried magistrate in this State to receive any compensation for his services in criminal cases other than his salary or to receive for his own use any portion of his constable's fees or salary in any criminal cases whatsoever, whether such cases are actually tried, compromised or transferred for investigation to the court of general sessions. Any magistrate who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars and not more than two hundred dollars or imprisoned for not less than thirty days and not more than six months, or both so fined and imprisoned, at the discretion of the court.
S.C. Code Ann. § 22-1-40 — SC Code / Title 22 / Chapter 1 / Section 22-1-40
SECTION 22-1-40. Appearance as attorney in case once before magistrate.
Status: in_force

It shall be unlawful for any magistrate to appear as attorney at law in any of the courts of this State in any action which may have been before him in his official capacity as such magistrate. Any magistrate who violates the provisions of this section shall forfeit his office.
S.C. Code Ann. § 22-3-920 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-920
SECTION 22-3-920. Change of venue.
Status: in_force

Whenever in a case in the court of a magistrate (a) either party in a civil case, after giving to the adverse party two days' notice that he intends to apply for a change of venue or (b) the prosecutor or accused in a criminal case shall file with the magistrate issuing the warrant or summons an affidavit to the effect that he does not believe he can obtain a fair trial before the magistrate and setting forth the grounds of such belief, the papers shall be turned over to the nearest magistrate not disqualified from hearing the cause in the county, who shall proceed to try the case as if he had issued the warrant or summons. But in counties in which magistrates have separate and exclusive territorial jurisdiction the change of venue shall be to another magistrate's district in the same county. One such transfer only shall be allowed each party in any case.
S.C. Code Ann. § 22-2-60 — SC Code / Title 22 / Chapter 2 / Section 22-2-60
SECTION 22-2-60. Preparation and custody of jury box.
Status: in_force

A constable or other person appointed by a magistrate shall, during the first thirty days of each calendar year, prepare a jury box for use in the magistrate's court which shall be provided by the governing body of the county. Each box shall contain two compartments designated as A and B respectively. The person charged with the preparation of the box shall, within the specified period, place in Compartment A of the box the individual names of all qualified electors in the Jury Area. After Compartment A has been filled with names, the box shall be locked and kept in the magistrate's custody.
S.C. Code Ann. § 22-1-30 — SC Code / Title 22 / Chapter 1 / Section 22-1-30
SECTION 22-1-30. Suspension, removal, or non-reappointment.
Status: in_force

(A) A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with the training and examination requirements of Section 22-1-10(C) may subject the magistrate to suspension or removal by order of the Supreme Court. (B) If a senatorial delegation recommends that the Governor not reappoint a magistrate upon completion of his term of office, the Governor may send a message to the Senate that the magistrate is not reappointed. Upon receipt of the message, the Senate must ratify the message not to reappoint by the confirmation process. If the ratification takes place, the magistrate's service is terminated at the end of his term and the magistrate does not continue to serve until a successor is appointed. Notice of the ratification must be sent to the Supreme Court. Effect of Amendment The 2011 amendment designated the existing text as subsection (A); and added subsection (B).
S.C. Code Ann. § 22-5-115 — SC Code / Title 22 / Chapter 5 / Article 3 / Section 22-5-115
SECTION 22-5-115. Summons to appear; issuance; design and contents of form; tracking.
Status: in_force

(A) Notwithstanding any other provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case, if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant. (B) The Attorney General must design the form containing the summons to appear. The form must include: (1) an affidavit that establishes probable cause; (2) a description of the charges against the defendant; (3) the date, time, and place of the trial; (4) the name of the issuing officer; (5) the defendant's and affiant's name, address, and telephone number; (6) the date and location of the incident; and (7) notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest. (C) A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant.
S.C. Code Ann. § 22-5-360 — SC Code / Title 22 / Chapter 5 / Article 5 / Section 22-5-360
SECTION 22-5-360. Penalty for failing to hold preliminary examination.
Status: in_force

If any magistrate fails to hold a preliminary examination or have it waived by setting a date for such preliminary examination and to return such papers and report thereon to the clerk, as directed in this Code, he shall be subject to the payment of a fine of five dollars for every such default, within the discretion of the court to which a rule thereof shall be made returnable.
S.C. Code Ann. § 22-3-910 — SC Code / Title 22 / Chapter 3 / Article 9 / Section 22-3-910
SECTION 22-3-910. Jurisdiction when magistrate becomes incapacitated.
Status: in_force

In the event a magistrate who has separate and exclusive territorial jurisdiction becomes incapacitated, any magistrate of an adjoining magisterial district within the same county may assume the jurisdiction of the incapacitated magistrate during such time as the incapacity continues.
S.C. Code Ann. § 22-1-19 — SC Code / Title 22 / Chapter 1 / Section 22-1-19
SECTION 22-1-19. Advisory council on magistrate eligibility, certification examination, and continuing education; membership.
Status: in_force

An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council must submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall be appointed by the Chief Justice to consist of: (1) a member appointed upon the recommendation of the South Carolina Trial Lawyers Association; (2) a member appointed upon the recommendation of the South Carolina Association of Criminal Defense Lawyers; (3) a member appointed upon the recommendation of the South Carolina Solicitor's Association; (4) a member appointed upon the recommendation of the South Carolina Sheriff's Association; (5) a member appointed upon the recommendation of the South Carolina Victims Assistance Network; (6) a member appointed upon the recommendation of the Criminal Justice Academy; (7) a member appointed upon the recommendation of the State Board for Technical and Comprehensive Education; (8) a member appointed upon the recommendation of the South Carolina Appleseed Legal Justice Center; (9) a member appointed upon the recommendation of the Summary Court Judges Association; (10) a member appointed upon the recommendation of the Dean of the University of South Carolina School of Law; (11) a member appointed upon the recommendation of the Chairman of the Senate Judiciary Committee; (12) a member appointed upon the recommendation of the Chairman of the House Judiciary Committee; and (13) a member appointed upon the recommendation by the Governor.
S.C. Code Ann. § 22-9-160 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-160
SECTION 22-9-160. Oppression in office or other misconduct; liability in civil action.
Status: in_force

For oppression in office, whether by undue personal violence, cruelty or taking an amount of property in an unreasonable proportion to the sum to be collected, or for any willful official misconduct, habitual negligence, habitual drunkenness or fraud, a constable shall be liable to an action for damages by the party aggrieved. But if in any such action the plaintiff fails to recover he shall be liable to be mulcted in double or treble costs, by order and at the discretion of the presiding judge.
S.C. Code Ann. § 22-3-580 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-580
SECTION 22-3-580. Receiving stolen goods.
Status: in_force

Magistrates shall have jurisdiction of the offenses of buying, receiving or aiding in the concealment of stolen goods and other property, when they would have jurisdiction of the larceny of the same goods or property.
S.C. Code Ann. § 22-1-25 — SC Code / Title 22 / Chapter 1 / Section 22-1-25
SECTION 22-1-25. Mandatory retirement age.
Status: in_force

Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10) or (12), it shall be mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994.
S.C. Code Ann. § 22-3-1160 — SC Code / Title 22 / Chapter 3 / Article 11 / Section 22-3-1160
SECTION 22-3-1160. Title, questionable, causes of action.
Status: in_force

If, in an action before a magistrate, the plaintiff have several causes of action, to one of which the defense of title to real property shall be interposed, and as to such cause the defendant shall deliver an answer and undertaking, as provided in Sections 22-3-1110 and 22-3-1120, the magistrate shall discontinue the proceedings as to that cause and the plaintiff may commence another action therefor in the circuit court. As to the other causes of action the magistrate may continue his proceedings.
S.C. Code Ann. § 22-9-190 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-190
SECTION 22-9-190. Criminal justice training.
Status: in_force

Notwithstanding any other provision of law, all full-time magistrates' constables shall attend the South Carolina Criminal Justice Training Academy within one year from June 29, 1976, or within one year from initial date of employment after June 29, 1976.
S.C. Code Ann. § 22-3-1430 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1430
SECTION 22-3-1430. Care of property taken by constable.
Status: in_force

When a constable shall have taken property as in this article provided, he shall keep it in a secure place and deliver it to the party entitled thereto, upon receiving his lawful fee for taking the property and his necessary expenses for keeping it.
S.C. Code Ann. § 22-3-10 — SC Code / Title 22 / Chapter 3 / Article 1 / Section 22-3-10
SECTION 22-3-10. Concurrent civil jurisdiction.
Status: in_force

Magistrates have concurrent civil jurisdiction in the following cases: (1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars; (2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred dollars; (3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred dollars; (4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred dollars; (5) in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due; (6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred dollars; (7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure; (8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred dollars; (9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred dollars; (10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27; (11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred dollars; (12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land; (13) in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven thousand five hundred dollars; and (14) in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven thousand five hundred dollars; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated.
S.C. Code Ann. § 22-5-540 — SC Code / Title 22 / Chapter 5 / Article 7 / Section 22-5-540
SECTION 22-5-540. Return of papers to clerk of general sessions.
Status: in_force

All magistrates before whom recognizances of witnesses, defendants or prosecutors for their respective appearances at any of the courts of general sessions for this State shall be taken or before whom any information or other paper returnable to such courts shall be made shall lodge such recognizances, informations or other papers in the respective clerk's offices of the courts to which they are returnable at least ten days before the meeting of such courts, respectively.
S.C. Code Ann. § 22-5-320 — SC Code / Title 22 / Chapter 5 / Article 5 / Section 22-5-320
SECTION 22-5-320. Defendant's demand for preliminary investigation; appearance by attorney.
Status: in_force

Any magistrate who issues a warrant charging a crime beyond his jurisdiction shall grant and hold a preliminary hearing of it upon the demand in writing of the defendant made within twenty days of the hearing to set bond for such charge; provided, however, that if such twenty-day period expires on a date prior to the convening of the next term of General Sessions Court having jurisdiction then the defendant may wait to make such request until a date at least ten days before the next term of General Sessions Court convenes. At the preliminary hearing, the defendant may cross-examine the state's witnesses in person or by counsel, have the reply in argument if there be counsel for the State, and be heard in argument in person or by counsel as to whether a probable case has been made out and as to whether the case ought to be dismissed by the magistrate and the defendant discharged without delay. When such a hearing has been so demanded the case shall not be transmitted to the court of general sessions or submitted to the grand jury until the preliminary hearing shall have been had, the magistrate to retain jurisdiction and the court of general sessions not to acquire jurisdiction until after such preliminary hearing. Provided, however, that the defendant shall not be required to appear in person at the appointed time, date and place set for the hearing if he is represented by his attorney. Validity For the validity of this section, see State v. Keenan, 278 S.C. 361, 296 S.E.2d 676 (1982).
S.C. Code Ann. § 22-3-1350 — SC Code / Title 22 / Chapter 3 / Article 13 / Section 22-3-1350
SECTION 22-3-1350. Preseizure hearing; claim for immediate possession; action tried as others.
Status: in_force

The purpose of the preseizure hearing is to protect the defendant's use and possession of property from arbitrary encroachment, and to prevent unfair or mistaken deprivations of property. If the magistrate shall, after conducting the hearing, find that the plaintiff's claim for immediate possession is probably valid and the defendant has no overriding right to continue in possession of the property, then the magistrate may allow the claim for immediate possession and endorse the affidavit accordingly. Whether the claim for immediate possession is allowed or not, the action commenced by the service of the summons shall be tried in all respects as other actions are tried in the magistrates' courts.
S.C. Code Ann. § 22-2-195 — SC Code / Title 22 / Chapter 2 / Section 22-2-195
SECTION 22-2-195. Authorization to draw magistrates' jurors by computer.
Status: in_force

In lieu of the manner required by this chapter, jurors for magistrates' courts in a county, at the discretion of the governing body of the county, may be drawn and summoned by computer in the manner the Supreme Court by order directs.
S.C. Code Ann. § 22-3-545 — SC Code / Title 22 / Chapter 3 / Article 5 / Section 22-3-545
SECTION 22-3-545. Transfer of certain criminal cases from general sessions court.
Status: in_force

(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, a criminal case, the penalty for which the crime in the case does not exceed five thousand five hundred dollars or one year imprisonment, or both, either as originally charged or as charged pursuant to the terms of a plea agreement, may be transferred from general sessions court if the provisions of this section are followed. (B)(1) The solicitor, upon ten days' written notice to the defendant, may petition a circuit court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrates or municipal court in the circuit for disposition. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrates or municipal court and in general sessions court. The case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case or prior to the entry of a guilty plea. The objection may be made to the chief judge for administrative purposes in the judicial circuit where the charges are pending, the trial judge, or the solicitor. Before impaneling the jury or accepting the guilty plea of the defendant, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrates or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case. The defendant may waive any and all of the rights provided in this subsection, in writing, prior to the impaneling of the jury or the acceptance of the defendant's guilty plea. (2) A case transferred to a magistrates or municipal court not disposed of in one hundred eighty days from the date of transfer automatically reverts to the docket of the general sessions court. (C) All cases transferred to the magistrates or municipal court must be prosecuted by the solicitor's office. The chief magistrate of the county or the chief municipal judge of the municipality, upon petition of the solicitor, shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases. (D) Provision for an adequate record must be made by the solicitor's office. (E) Notwithstanding another provision of law, all fines and assessments imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine and assessment were imposed by a circuit court pursuant to Sections 14-1-205 and 14-1-206. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county. Effect of Amendment The 2012 amendment rewrote subsections (A), (B), and (C).
S.C. Code Ann. § 22-9-170 — SC Code / Title 22 / Chapter 9 / Article 1 / Section 22-9-170
SECTION 22-9-170. Oppression in office or other misconduct; punishment.
Status: in_force

For oppression in office, whether by undue personal violence, cruelty or taking an amount of property in unreasonable proportion to the sum to be collected, or for any willful official misconduct, habitual negligence, habitual drunkenness or fraud, when established to the satisfaction of a jury upon indictment, a constable shall be punished by imprisonment not exceeding one year and fined not exceeding one thousand dollars, at the discretion of the court.
S.C. Code Ann. § 22-3-310 — SC Code / Title 22 / Chapter 3 / Article 3 / Section 22-3-310
SECTION 22-3-310. Judgments; executions; effect of appeal.
Status: in_force

Execution may be issued on a judgment heretofore or hereafter rendered in a magistrates court at any time within three years after the rendition thereof and shall be returnable sixty days from its date. But no sale shall be made under any such execution until after the time for appeal has expired, nor pending such appeal, and in cases for the claim and delivery of personal property when bond for the property claimed has been properly given by either party, the status of such property shall not be changed until after the expiration of the time for appealing has expired or until such appeal has terminated. Effect of Amendment The 2008 amendment made no apparent changes.