reglab/housing_qa huggingface dataset:
SC Code § 22-3-1310 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1310. Claiming immediate delivery of property by plaintiff.

 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.  HISTORY: 1962 Code Section 43-171; 1952 Code Section 43-171; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21.
SC Code § 22-3-1320 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1320. Affidavit of plaintiff in action of claim and delivery.

 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.  HISTORY: 1962 Code Section 43-172; 1952 Code Section 43-172; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21.
SC Code § 22-3-1330 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1330. Summons and notice of right to preseizure hearing in plaintiff's action of claim and delivery; order for seizure of property.

 (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.  HISTORY: 1962 Code Section 43-173; 1952 Code Section 43-173; 1942 Code Sections 257, 263; 1932 Code Sections 257, 263; Civ. P. '22 Sections 213, 1219; Civ. P. '12 Sections 80, 186; Civ. P. '02 Sections 71, 177; 1870 (14) 74, 80; 1879 (17) 28; Const. Art. 5, Sections 20, 21; 1972 (57) 3080.
SC Code § 22-3-1340 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1340. Defendant's exceptions to sureties in bond or undertaking.

 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.  HISTORY: 1962 Code Section 43-178; 1952 Code Section 43-178; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21.
SC Code § 22-3-1350 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1350. Purpose of preseizure hearing; allowing claim for immediate possession; action to be tried as others.

 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.  HISTORY: 1962 Code Section 43-181; 1952 Code Section 43-181; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80; 1972 (57) 3080.
SC Code § 22-3-1360 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1360. Notice and opportunity for preseizure hearing required; waiver.

 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.  HISTORY: 1962 Code Section 43-185; 1972 (57) 3080.
SC Code § 22-3-1370 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1370. Order restraining defendant from damaging, concealing or removing property.

 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.  HISTORY: 1962 Code Section 43-186; 1972 (57) 3080.
SC Code § 22-3-1380 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1380. Determination upon affidavit showing danger of destruction or concealment.

 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.  HISTORY: 1962 Code Section 43-187; 1972 (57) 3080.
SC Code § 22-3-1390 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1390. Service of copy of affidavit of waiver or probability of damage or concealment.

 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.  HISTORY: 1962 Code Section 43-188; 1972 (57) 3080.
SC Code § 22-3-1400 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1400. Procedure when defendant cannot be found.

 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.  HISTORY: 1962 Code Section 43-174; 1952 Code Section 43-174; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80.
SC Code § 22-3-1410 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1410. Service of copy of affidavit, summons and notice; taking of property by constable.

 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.  HISTORY: 1962 Code Section 43-175; 1952 Code Section 43-175; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21; 1972 (57) 3080.
SC Code § 22-3-1420 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1420. Taking property concealed in building or enclosure.

 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.  HISTORY: 1962 Code Section 43-176; 1952 Code Section 43-176; 1942 Code Section 261; 1932 Code Section 261; Civ. P. '22 Section 217; Civ. P. '12 Section 84; Civ. P. '02 Section 75; 1870 (14) 78.
SC Code § 22-3-1430 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1430. Care of property taken by constable.

 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.  HISTORY: 1962 Code Section 43-177; 1952 Code Section 43-177; 1942 Code Section 262; 1932 Code Section 262; Civ. P. '22 Section 218; Civ. P. '12 Section 85; Civ. P. '02 Section 76; 1870 (14) 79.
SC Code § 22-3-1440 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1440. Return of property to defendant upon filing written undertaking for delivery if delivery be adjudged.

 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.  HISTORY: 1962 Code Section 43-179; 1952 Code Section 43-179; 1942 Code Section 257; 1932 Code Section 257; Civ. P. '22 Section 213; Civ. P. '12 Section 80; Civ. P. '02 Section 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, Sections 20, 21.
SC Code § 22-3-1450 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1450. Claim to taken property by third person.

 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.  HISTORY: 1962 Code Section 43-180; 1952 Code Section 43-180; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80.
SC Code § 22-3-1460 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1460. Judgment in actions for claim and delivery.

 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.  HISTORY: 1962 Code Section 43-182; 1952 Code Section 43-182; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80.
SC Code § 22-3-1470 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1470. Execution on judgment.

 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.  HISTORY: 1962 Code Section 43-183; 1952 Code Section 43-183; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80.
SC Code § 22-3-1480 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 3 - Jurisdiction And Procedure In Magistrates' Courts|Section 22-3-1480. Judgment when property not delivered to plaintiff or when defendant claims return.

 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.  HISTORY: 1962 Code Section 43-184; 1952 Code Section 43-184; 1942 Code Section 263; 1932 Code Section 263; Civ. P. '22 Section 219; Civ. P. '12 Section 86; Civ. P. '02 Section 77; 1870 (14) 80.
SC Code § 22-5-10 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 5 - Magistrates' Powers And Duties In Criminal Matters|Section 22-5-10. Warrant to break open doors of gambling rooms.

 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.  HISTORY: 1962 Code Section 43-202; 1952 Code Section 43-202; 1942 Code Section 947; 1932 Code Section 947; Cr. P. '22 Section 43; Cr. P. '12 Sections 60, 708; Cr. C. '02 Section 510; G. S. 1719; R. S. 395; 1816 (6) 28; 1904 (24) 500.
SC Code § 22-5-110 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 5 - Magistrates' Powers And Duties In Criminal Matters|Section 22-5-110. Arrest, examination and commitment or punishment; warrant; courtesy summons.

 (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.  HISTORY: 1962 Code Section 43-211; 1952 Code Section 43-211; 1942 Code Section 929; 1932 Code Section 929; Cr. P. '22 Section 25; Cr. C. '12 Section 27; Cr. C. '02 Section 19; G. S. 829; R. S. 18; 1870 (14) 403; 2008 Act No. 284, Section 2, eff June 11, 2008; 2008 Act No. 346, Section 5, eff June 25, 2008; 2011 Act No. 70, Section 1, eff June 28, 2011.  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.
SC Code § 22-5-115 (2021)
2021 South Carolina Code of Laws|Title 22 - Magistrates and Constables|Chapter 5 - Magistrates' Powers And Duties In Criminal Matters|Section 22-5-115. Summons to appear; issuance; design and contents of form; tracking.

 (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.  HISTORY: 2002 Act No. 348, Section 15.