The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-11-03
rOFFICIAL1
Acts Passed at the Late Session of
the Legislature.
AN ACT TO REGULATE ARRESTS AND BAH

the Legislature.
AN ACT TO REGULATE ARRESTS AND BAIL
IN CIVIL ACTIONS.
l. Be IL enacted By The Senate and
House Of Representatives Of tie State
of South Carolina, non met and sitting
in General Assembly, and by tie au-
Mority Of tie same, No person shall
be arrested in civil action except as
prescribed by this Act; but the same
shall not be construed to apply to
proceedings for contempt.
IL. Arrests may be made, as here
matter prescribed, in the following
cases:
l. In an action for the recovery of
damages on cause of action not
arising out of contract, where the
defendant is not resident of the
State, or is about to remove there
from, or where the action is for IN
injury to person or character, or for
injuring. or for wrongfully taking,
OBTAINING or converting property.
2. In an action for fine or penal
ty, or on promise to marry, or for
money or property received and en-
bezzled or fraudulently misapplied
by public officer, or by an attorney,
solicitor or counsellor, or by an Off
Ger or agent of corporation or bank
ing association, in the course of his
employment as such, or by any fac
tor, agent, broker, or other person in
iduciary capacity, or for any mis-
conduct or neglect in Office, or in a
professional employment.
B. In an action to recover the pos
session of personal property unjnstly
detained, where the property or any
part thereof has been concealed, re-
moved or disposed of so that it can
not be found or taken by the Sheriff,
and with the intent that it should not
be so0found or taken, or with the in
tent to deprive the plaintiff of the
benefit thereof.
4. When the defendant has been
guilty of q fraud in contracting the
debt or incurring the obligation for
which the action is brought, or in
concealing or disposing of the pro-
perty for the taking, detention or
conversion Of which the action is
brought, or when the action is
brought to recover damages for fraud
or deceit.
8. When the defendant has re-
moved or disposed of his property,
or is about to do SO, with intent to de-
fraud his creditors. But no female
shall be arrested in any civil action,
except for wiIful injury to person,
character or property.
III. An order for the arrest of the
defendant must be obtained from n
Judge. Justice of the Peace, or Clerk
of the Court in which, or before
whom the action is brought.
~. The order for the arrest may
be made where it shall appear to the
Judge, Justice of the Peace, Magis-
trate or Clerk, by the affidavit of the
plaintiff or of any other person that
n sufficient cause of action exists,
and that tho case, from the facts
stated, is one of those mentioned in
Section Q of this Act.
V. Before making the order the
Judge or Clerk shall require written
undertaking on the part of the plain
tiff, with or without sureties, to the
effect that if the defendant recover
judgment, the plaintiff will pay all
costs that may be awarded to the de-
fendant, and all damages which he
may sustain by reason of the arrest,
not exceeding the sum specified in
the undertaking. which shall be at
least one hundred dollars. If the
undertaking be executed by the
plaintiff without sureties. he shall
annex thereto an affidavit that he is
q resident and householder or free
holder within the State, and worth
double the sum specified in the un-
dertaking over all his debts and liza
bilities.