The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-13
THE NEW REGIME.
ACTS OF THE LEGISLATURE

An ACT to regulate arrests and bail in civil actions
7. Be 1t enacted by the Senate and House Of
Representatives of the Stite OF South carolina,
| now met and sitting in General Assembly, and
by the authority of the same No person shall
b, arrested in a civil action except as prescrlo-
ed By this act; but the same shall not be con-
strued to apply to proceedings Tor contempts.
| IL Arrests may be made, as hereinafter pre-
scibed, 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 a resident OF the
State, or about to remove therefrom, or where
| the action is for an Injury to person or charac-
ter, or for injurlng,. or tor wrongfuuy taklnS'
| OBTAINING or converting property.
! g. In an action for q tine or penalty, or on
promise to marry, or for money or property
received and embezzled or fraudulently misap-
piled by public officer, or by an attorney. So
/ licitor OF counsellor, or by IN officer or agent
! Of CORPORATION or banking association, IN the
course Of his employment as such. or BY any
factor, agent, broker o- other person IN ndu-
ciary capacity, or tor any misconouct OF hes'ecO
! in Office or in professional employment.
8. In an action to recover the possession OF
personal property uniustIy detained, where the
property or any part thereofhas been conceal
ed, removed or disposed OF 80 that hat 1t cannot 1e
| found or taken by the sheriff, anu Wltn
the intent that it should not be so found or
| III,
tiff Of the benefit thereof.
4. When the defendant has been guilty OF
fraud in contracting the DEBT or mourning the
| obligation for which the action Is brought, or
in concealing or disposing OF the property for
| the taking, detention or conversion OF Wnlch
the action i brought, or when the acton Is
brought to recover damages for fraud or
deceit.
S. When the defendant has removed or dis
posed of his property, or is about to do so,
with intent 20 deiraud his creditors. But no
female shall be arrested in any civil action, eX-
cept for wilful injury to person, character OF
property. r A. 5,s,,a,,t
must be obtained from 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 oil
the Peace, Magistrate or Clerk, by the af1da,
Wit of the plaintiff or of any other person that
sufficient calse of action exists, and that the
case, from the facts stated, Is one OF those
mentioned in section two OF this act.
Y. Before making the order the Judge or
Clerk shall require written undertaking on the
part OF the plaintiff, with or without suretles,
to the effect that if the defendant recover
judgment, the plaintiff vial pay all costs M tnaS
ages which he may sustain by reason of the az
rest, not exceeding the sum specified in the
undertaking, which shall be at least ono hun
dred dollars. If the undertaking bo executed
by the plaintiff without suretes, he shall annex
thereto an affidavit that he is resident and
householder or freeholder within the State, and
worth double the sum specified IN the unucr-
taking over all his debts and liabilities.
VI, The order may be made to accompany
the summons or at any time afterwards before
Judgment. 1t shall require the sheriff OF the
county where the defendant may Dc fonnd
forthwith to arrest him end hold him to bail IN
specified sum, and to return tue order at
time and place therein mentioned to the plain
! tiff or attorney, by whom it shall be subscribed
or endorsed.
VII. But said order of arrest shall be OF no
| avail and shall be vacated or set aside on mo-
ton, unless the same is served upon the q =
fendant, as provided by law, before the docket
| ing OF any judgment il the action; and the de-
| fendant shSll have twenty Gays after tho SER
vice of the order of arrest in which to answer
the complaint or affidavit IN the action and to
move to vacatc tho order of arrest or to reduce
the amount of bail.
VIII. The affidavit and order Of arrest shal.
be delivered to the Sheriff, who, upon arrestlag
the defendant, shall deliver to him copy
| thereof.
IL. The Sheriff shall execute the order by
arresting the defendant AID keeping him in
custody until discharged by law, and may call
the power of tho county to lis aid in the exc
cuton of the arrest.
X. The defendant at any time before cxecu-
ton, shall be discharged from the arrest, either
upon giving bail or upon deposlting The amount
mentioned IN the ofuer OI arrest, as piof1oeu
in this act.
XI. The defendant may give bail by causing
written undertaking to be executed by two or
more sufficient bail, stating their places OF res
ideuce and occupations to the effect that the
defendant shall, at all times, render himself
amenaole to the process OF the court during
the pendency OF the action, and to such as
NAV be issued to enforce the Judgment there
in; or If he be arrested for the cause mention
ed in the third subdivision mentioned in Sec
ton Q of tb.J act, an undertaking to the same
effect as that provided by section fourth IN an
act entitled san act to regulate attachments.
XII. At any time before failure to comply
with the undertaking, the bail may surrender
| the defendant in their eXoneration, or he may
surrender himself to the sheriff Of the county
where he was arrested, in the following man
ist. A certified copy of the undertaking OF
| the bail shall be delivered to the sheriff. VINO
shall detain the defendant IN bis CUSTODY
thereon, as upon an order Of arrest and snail,
by O. certificate in Writing. acknowledge the
surrender.
2d. Upon the production Of q copy OF the
un lertaking, and sheriff's certificate, judge
| or clerk OF the court may, upon notice 10 Inc
plaintiff of five days, with copy OF the certid-
cate. order that the bail be eXonerated, and on
| fling the order and the papers used on said
anpiIcatlon, they shall be exonerated accord
ingly. But this section shall not apply to an
arrest for cause mentioned in subdivision
three of section of this act, so Us TO dis
charge the bail from an undertaking given to
the effect provided by section fourth OF an act
entitled "An act to regulate attachments. -,
XIII. For the purpose OF surrendering the
defendant. the bail at any time or place, before
they are finally discharged, may themselves
arrest him, or by written authority, endorsed
on a certified copy OF the undertaking., may
empower any person of suitable age and dis
creton to do SO. III. II. -
XIV. In case of failure to comply with the
undertaking, the bail may be proceeded against
in the manner heretofore provided by law, not
inconsistent with this act.
XIV. The bail may be exone' ated either Dy
the death of the defendant or his imprisonment
IN State prison, or by his legal discharge
from the obligation to render himself amena-
ble to the process, or by his surrender 70 tno
sheriff of the county where he was arrested: IN
execution thereof, within twenty days after
the commencement OF the action against the
bail, Of within such further time as may be
granted by the court.
XVI. Within the time limited for that puI--
pose the Sheriff shall deliver the order OF arrest
to tho plaintiff or attorney by whom it is sub
sc1ibed. with his return endorsed, and certl-