reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-440. Restitution of possession to tenants for years.

The court authorized and enabled upon inquiry to give restitution of possession unto tenants of any estate of freehold of their lands or tenements which shall be entered upon with force or from them withholden by force shall have the like and the same authority and ability, upon indictment of such forcible entries or forcible withholdings before them duly found, to give like restitution of possession unto tenants for terms of years of lands or tenements by them so holden which shall be entered upon by force or holden from them by force.
HISTORY: 1962 Code Section 10-2434; 1952 Code Section 10-2434; 1942 Code Section 892; 1932 Code Section 892; Civ. P. '22 Section 840; Civ. C. '12 Section 4071; Civ. C. '02 Section 2970; G. S. 2297; R. S. 2430; 21 J. 1 c. 15; 1712 (2) 445; 1972 (57) 2535.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-450. Persons who have held by force three years are unaffected by this article.

They which keep their possessions with force in any lands and tenements whereof they or their ancestors or they whose estate they have in such lands and tenements have continued their possessions in such lands and tenements by three years or more shall not be endangered by force of this article.
HISTORY: 1962 Code Section 10-2435; 1952 Code Section 10-2435; 1942 Code Section 893; 1932 Code Section 893; Civ. P. '22 Section 841; Civ. C. '12 Section 4072; Civ. C. '02 Section 2971; G. S. 2298; R. S. 2431; 8 H 6 c. 1712 (2) 445.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-460. Putting party ousted in possession.

If it be found before any of them that any do contrary to this article, then the court shall cause to be reseized the lands and tenements so entered or holden as stated in this article and shall put the party so put out in full possession of the same lands and tenements so entered or holden as before.
HISTORY: 1962 Code Section 10-2436; 1952 Code Section 10-2436; 1942 Code Section 887; 1932 Code Section 887; Civ. P. '22 Section 835; Civ. C. '12 Section 4066; Civ. C. '02 Section 2965; G. S. 2292; R. S. 2425; 1712 (2) 444; 1972 (57) 2536.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-470. Forms and proceedings in cases of forcible entry and detainer are same as for tenants holding over.

The forms and proceedings in cases of forcible entry and detainer shall be such as are prescribed by law in cases when tenants hold over after the expiration of their leases.
HISTORY: 1962 Code Section 10-2437; 1952 Code Section 10-2437; 1942 Code Section 891; 1932 Code Section 891; Civ. P. '22 Section 839; Civ. C. '12 Section 4070; Civ. C. '02 Section 2969; G. S. 2296; R. S. 2429; 1829 (6) 338; 1972 (57) 2557.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-610. Duty of magistrate in case of trespass.

If any person shall have gone into or shall hereafter go into possession of any lands or tenements of another without his consent or without warrant of law, the owner of the land so trespassed upon may apply to any magistrate to serve a notice on such trespasser to quit the premises, and if, after the expiration of five days from the personal service of such notice, such trespasser refuses or neglects to quit then such magistrate shall issue his warrant to any sheriff or constable requiring him forthwith to eject such trespasser, using such force as may be necessary.
HISTORY: 1962 Code Section 10-2441; 1952 Code Section 10-2441; 1942 Code Section 894; 1932 Code Section 894; Civ. P. '22 Section 842; Civ. C. '12 Section 4073; Civ. C. '02 Section 2972; R. S. 2432; 1883 (18) 556; 1912 (23) 577.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-620. When warrant shall not be issued.

If the person in possession shall, before the expiration of the five days, appear before such magistrate and satisfy him that he has a bona fide color of claim to the possession of such premises and enter into bond to the person claiming the land, with good and sufficient security, to be approved by the magistrate, conditioned for the payment of all such costs and expenses as the person claiming to be the owner of the land may incur in the successful establishment of his claim and also for any damages which the owner of the land may sustain by reason of the possession being withheld from him, by any of the modes of proceeding now provided by law, the magistrate shall not issue his warrant as provided in Section 15-67-610.
HISTORY: 1962 Code Section 10-2442; 1952 Code Section 10-2442; 1942 Code Section 894; 1932 Code Section 894; Civ. P. '22 Section 842; Civ. C. '12 Section 4073; Civ. C. '02 Section 2972; R. S. 2432; 1883 (18) 556; 1912 (23) 577.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-630. Fee of magistrate and sheriff or constable.

The magistrate shall be entitled to demand and receive from the person applying for such warrant a fee of two dollars before issuing the warrant, and the sheriff or constable shall in like manner be entitled to demand and receive from such person a fee of two dollars and mileage before executing such warrant.
HISTORY: 1962 Code Section 10-2443; 1952 Code Section 10-2443; 1942 Code Section 895; 1932 Code Section 895; Civ. P. '22 Section 843; Civ. C. '12 Section 4074; Civ. C. '02 Section 2973; R. S. 2433; 1883 (18) 556.
Editor's Note
Insofar as this section refers to magistrates or constables, it is superseded by Section 8-21-1080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-640. Right to appeal; injunction; time of issuing warrant.

Either party to these proceedings shall have the right of appeal. The magistrate shall not issue his warrant until the expiration of five days after he announces his decision, and in the meantime the defendant may apply for an injunction, as in other cases, upon giving the bond required by Section 15-67-620, restraining the execution of such warrant pending the determination of his appeal by the circuit court.
HISTORY: 1962 Code Section 10-2444; 1952 Code Section 10-2444; 1942 Code Section 896; 1932 Code Section 896; Civ. P. '22 Section 844; Civ. C. '12 Section 4075; Civ. C. '02 Section 2974; R. S. 2434; 1883 (18) 556; 1911 (27) 134.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-710. Remaindermen and certain others may compel production of person whose death he believes is being concealed.

Any person who shall have any claim or demand in or to any remainder, reversion or expectance in or to any estate after the death of any other person may, once a year, make affidavit of his title, that he has cause to believe that such other person is dead and that his death is concealed by his guardian, trustee, husband or any other person and apply to the court of common pleas for an order requiring such guardian, trustee, husband or other person concealing, or suspected of concealing, the death of such other person, at such time and place as the court shall direct, on due service of such order, to produce and show such person whose death is suspected to such person or persons, not exceeding two, as shall, in such order, be named by the party prosecuting such order.
HISTORY: 1962 Code Section 10-2451; 1952 Code Section 10-2451; 1942 Code Section 870; 1932 Code Section 870; Civ. P. '22 Section 818; Civ. C. '12 Section 4056; Civ. C. '02 Section 2955; G. S. 2275; R. S. 2415; 1712 (2) 561.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-720. If such person is not produced, he is taken to be dead.

If the person proceeded against shall fail to produce such other person, according to the direction made, the court may appoint commissioners before whom such other person may be produced. If such other person cannot be produced or there should be other satisfactory proof before the commissioners of the death of such person, they shall make return of the fact on oath. Such person sought shall then be taken to be dead, and any lawful claimant of any estate held by or for such person shall be let into the possession of such estate.
HISTORY: 1962 Code Section 10-2452; 1952 Code Section 10-2452; 1942 Code Section 871; 1932 Code Section 871; Civ. P. '22 Section 819; Civ. C. '12 Section 4057; Civ. C. '02 Section 2956; G. S. 2276; R. S. 2416; 1712 (2) 561.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-730. Proceedings on affidavit that such person is beyond limits of State.

Should it appear by affidavit that the person sought is, or lately was, at some certain place beyond the limits of this State, the court may direct the commissioners to make personal search at the place or places named if the person prosecuting such order shall provide the necessary expenses of such search. And upon return of the commissioners, duly made and filed, of their failure to view such person allegedly concealed or absent or other satisfactory proof of death, such person shall be taken to be dead and any lawful claimant of any estate held by or for such person shall be let into possession of it.
HISTORY: 1962 Code Section 10-2453; 1952 Code Section 10-2453; 1942 Code Section 872; 1932 Code Section 872; Civ. P. '22 Section 820; Civ. C. '12 Section 4058; Civ. C. '02 Section 2957; G. S. 2277; R. S. 2417; 1712 (2) 561.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-740. Rights preserved when it afterwards appears that person sought is living.

In case it should afterwards appear that the person sought was living at the time proceedings under Sections 15-67-710 through 15-67-730 were had, such person or any person claiming title under or through such person concealed or absent may re-enter upon his estate and may have an action of damages for the rents and profits during eviction.
HISTORY: 1962 Code Section 10-2454; 1952 Code Section 10-2454; 1942 Code Section 873; 1932 Code Section 873; Civ. P. '22 Section 821; Civ. C. '12 Section 4059; Civ. C. '02 Section 2958; G. S. 2278; R. S. 2418; 1712 (2) 561; 1956 (49) 1601.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-750. Guardian, husband or trustee may prove that such person was alive.

Nothing contained in Sections 15-67-710 through 15-67-730 shall prevent any guardian, husband or trustee from showing by satisfactory proof that the person sought was actually living at the time proceedings for a view of such person were commenced.
HISTORY: 1962 Code Section 10-2455; 1952 Code Section 10-2455; 1942 Code Section 874; 1932 Code Section 874; Civ. P. '22 Section 822; Civ. C. '12 Section 4060; Civ. C. '02 Section 2959; G. S. 2279; R. S. 2419; 1712 (2) 561; 1956 (49) 1601.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-760. Guardians and others holding estates after determination of life estate adjudged to be trespassers.

Every person who, as guardian or trustee for any infant and every other person having any estate determinable upon any life or lives who, after the determination of such particular estate or interests, without the express consent of him or them who are, or shall be, next and immediately entitled upon and after the determination of such particular estates or interests, shall hold over and continue in possession of any lands, tenements or hereditaments shall be, and are hereby, adjudged to be trespassers.
HISTORY: 1962 Code Section 10-2456; 1952 Code Section 10-2456; 1942 Code Section 875; 1932 Code Section 875; Civ. P. '22 Section 823; Civ. C. '12 Section 4061; Civ. C. '02 Section 2960; G. S. 2280; R. S. 2420; 1712 (2) 563.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 67 - Recovery Of Real Property › Section 15-67-770. Recovery of damages.

Every person, his executors or administrators, who are, or shall be, entitled to any such lands, tenements and hereditaments, upon or after the determination of such particular estates or interests, shall be entitled to recover as damages for such unlawful holding the full value of the profits received during such wrongful possession, and such recovery may be had against the person holding over or his executors or administrators.
HISTORY: 1962 Code Section 10-2457; 1952 Code Section 10-2457; 1942 Code Section 876; 1932 Code Section 876; Civ. P. '22 Section 824; Civ. C. '12 Section 4062; Civ. C. '02 Section 2961; G. S. 2281; R. S. 2421; 1712 (2) 563; 1956 (49) 1601.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-10. Time when immediate delivery may be claimed.

The plaintiff, in an action to recover the possession of personal property, may, at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property, as provided in this chapter.
HISTORY: 1962 Code Section 10-2501; 1952 Code Section 10-2501; 1942 Code Section 552; 1932 Code Section 552; Civ. P. '22 Section 469; Civ. P. '12 Section 257; Civ. P. '02 Section 227; 1870 (14) 470 Section 229.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-20. Any one of several joint owners may sue for possession.

Any one or more of several joint owners of personal property who can establish such partial ownership in such property shall have the right to institute an action in claim and delivery to recover possession of the property from any wrongful holder thereof. In such an action the co-owners of the property who do not join the plaintiff in bringing the suit may be made parties defendant.
HISTORY: 1962 Code Section 10-2502; 1952 Code Section 10-2502; 1942 Code Section 564-1; 1940 (41) 1667.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-30. Affidavit and requisites thereof.

When a delivery is claimed an affidavit must be made by the plaintiff or by someone on his behalf showing:
(1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth;
(2) That the property is wrongfully detained by the defendant;
(3) The alleged cause of the detention thereof, according to the affiant's best knowledge, information and belief;
(4) That the property has not been taken for a tax, assessment or fine pursuant to a statute or seized under an execution or attachment against the property of the plaintiff or, if so seized, that it is by statute exempt from such seizure; and
(5) The actual value of the property.
HISTORY: 1962 Code Section 10-2503; 1952 Code Section 10-2503; 1942 Code Section 553; 1932 Code Section 553; Civ. P. '22 Section 470; Civ. P. '12 Section 258; Civ. P. '02 Section 228; 1870 (14) 471 Section 230.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-40. Notice of right to preseizure hearing.

The plaintiff shall attach to the affidavit a notice of a right to a preseizure hearing which shall notify the defendant that within five days from service thereof, he may demand such hearing by notifying the clerk of court in writing 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.
HISTORY: 1962 Code Section 10-2504; 1952 Code Section 10-2504; 1942 Code Section 554; 1932 Code Section 554; Civ. P. '22 Section 471; Civ. P. '12 Section 259; Civ. P. '02 Section 229; 1870 (14) 471 Section 231; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-50. Sheriff shall serve affidavit and notice; required security; sheriff shall be directed to take property.

Upon the receipt of the affidavit and notice, with a written undertaking executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if the return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, including damages suffered on account of depreciation in value of the property pending the determination of the action, the sheriff shall forthwith serve the same upon defendant. If the defendant (1) fails to demand a preseizure hearing within five days of service, or (2) after such hearing the judge shall find that plaintiff's claim for immediate possession should be allowed, or (3) the clerk of court or judge finds that a preseizure hearing has been previously waived in writing as provided in this chapter, or (4) the clerk of court or judge finds, as provided in this chapter, that there is a probability that the subject property is in immediate danger of being destroyed or concealed by the possessor of such property, then the clerk of court or judge shall endorse upon the affidavit for possession a direction to the sheriff requiring him to take the property described therein from the defendant and keep it, to be disposed of according to law.
In case the plaintiff does not execute the required undertaking, the party having possession of the property shall retain it until the determination of the suit, and no endorsement allowing immediate possession shall be made on the affidavit until the appropriate undertaking is executed.
HISTORY: 1962 Code Section 10-2505; 1952 Code Section 10-2505; 1942 Code Section 555; 1932 Code Section 555; Civ. P. '22 Section 472; Civ. P. '12 Section 260; Civ. P. '02 Section 230; 1870 (14) Section 232; 1873 (15) 498; 1937 (40) 204; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-60. Manner of effecting service; when sheriff shall take and retain property.

The sheriff shall without delay serve on the defendant a copy of the affidavit, notice and undertaking, by delivering it to him personally, if he can be found, or to his agent, from whose possession the property is taken, or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion. Upon delivery of the affidavit with the endorsement of the clerk of court or judge allowing immediate possession, the sheriff shall take the property described in the affidavit, if it be in possession of the defendant or his agent, and retain it in his custody.
HISTORY: 1962 Code Section 10-2507; 1952 Code Section 10-2507; 1942 Code Section 555; 1932 Code Section 555; Civ. P. '22 Section 472; Civ. P. '12 Section 260; Civ. P. '02 Section 230; 1870 (14) Section 232; 1873 (15) 498; 1937 (40) 204; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession.

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 judge 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 judge may allow the claim for immediate possession and endorse the affidavit accordingly.
HISTORY: 1962 Code Section 10-2507.1; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-80. Notice and opportunity for preseizure hearing is required; waiver.

No property shall be seized under the provisions of this chapter 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 judge or clerk of court may order immediate delivery of the property to the plaintiff upon receipt of such affidavit.
HISTORY: 1962 Code Section 10-2507.2; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-90. Order restraining defendant from damaging, concealing or removing property.

The judge may issue an order which shall be concurrently served on the defendant that restrains the defendant from damaging, concealing or removing the subject property, when immediate possession of such property is not being taken. Upon proper showing that such order has been violated, the defendant shall be subject to a fine not to exceed one thousand dollars or imprisonment for not more than six months, or both.
HISTORY: 1962 Code Section 10-2507.3; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-100. Determination upon affidavit showing danger of destruction or concealment.

Upon a showing unto the judge or clerk of court 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 judge or clerk of court 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 judge shall not be a condition precedent to such determination.
HISTORY: 1962 Code Section 10-2507.4; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-110. Service of affidavit of waiver or probability of destruction 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 chapter, 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 10-2507.5; 1972 (57) 3080.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-120. Filing of notice and affidavit.

The sheriff shall file the notice and affidavit, with his proceedings thereon, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.
HISTORY: 1962 Code Section 10-2508; 1952 Code Section 10-2508; 1942 Code Section 564; 1932 Code Section 564; Civ. P. '22 Section 480; Civ. P. '12 Section 268; Civ. P. '02 Section 238; 1870 (14) Section 240.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-130. Exception to sureties.

The defendant may within three days after the service of a copy of the affidavit and undertaking give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objections to them. When the defendant excepts the sureties shall justify, on notice, in like manner as upon bail on arrest. And the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they shall justify or new sureties shall be substituted and justify. But before delivery of such property to the plaintiff the defendant shall have three days after (a) such justification, (b) new sureties have been substituted by the plaintiff or (c) a holding by the sheriff that plaintiff's sureties are sufficient, within which to replevy as provided in Section 15-69-140.
HISTORY: 1962 Code Section 10-2509; 1952 Code Section 10-2509; 1942 Code Section 556; 1932 Code Section 556; Civ. P. '22 Section 473; Civ. P. '12 Section 261; Civ. P. '02 Section 231; 1870 (14) Section 233; 1947 (45) 197.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-140. When defendant shall be entitled to redelivery; undertaking.

At any time before the delivery of the property to the plaintiff the defendant may require the return thereof upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, 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, including damages suffered on account of depreciation in value of the property pending the determination of the action, be recovered against the defendant. If a return of the property be not required by the defendant as herein and under the circumstances in Section 15-69-130 provided and within the time therein provided, it shall be delivered to the plaintiff, except as provided in Section 15-69-200.
HISTORY: 1962 Code Section 10-2510; 1952 Code Section 10-2510; 1942 Code Section 558; 1932 Code Section 558; Civ. P. '22 Section 474; Civ. P. '12 Section 262; Civ. P. '02 Section 232; 1870 (14) 471 Section 234; 1937 (40) 205; 1947 (45) 197.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-150. Amount of bond required of defendant when claim is for debt.

In all actions in claim and delivery when the purpose is to collect a debt the undertaking required of the defendant shall in no case be in excess of double the amount of the debt claimed by the plaintiff to be due. But if there is an appeal the court from which the appeal is taken may increase the bond.
HISTORY: 1962 Code Section 10-2510.1; 1952 Code Section 10-2510.1; 1942 Code Section 551-1; 1932 Code Section 557; 1930 (36) 1347.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-160. Justification of defendant's sureties.

The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify before a judge, clerk of court or magistrate in the same manner as upon bail on arrest. Upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant's sureties until they justify or until justification is completed or expressly waived and may retain the property until that time. But if they, or others in their place, fail to justify at the time and place appointed he shall deliver the property to the plaintiff.
HISTORY: 1962 Code Section 10-2511; 1952 Code Section 10-2511; 1942 Code Section 559; 1932 Code Section 559; Civ. P. '22 Section 475; Civ. P. '12 Section 263; Civ. P. '02 Section 233; 1870 (14) 472 Section 235.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-170. Manner of qualification and justification of sureties.

The qualifications of sureties and their justification shall be as are prescribed by Sections 15-17-230 and 15-17-270 in respect to bail upon an order of arrest.
HISTORY: 1962 Code Section 10-2512; 1952 Code Section 10-2512; 1942 Code Section 560; 1932 Code Section 560; Civ. P. '22 Section 476; Civ. P. '12 Section 264; Civ. P. '02 Section 234; 1870 (14) 472 Section 236.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-180. Taking of property concealed in building or enclosure.

If the property or any part thereof be concealed in a building or enclosure the sheriff 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 and, if necessary, he may call to his aid the power of his county.
HISTORY: 1962 Code Section 10-2513; 1952 Code Section 10-2513; 1942 Code Section 561; 1932 Code Section 561; Civ. P. '22 Section 477; Civ. P. '12 Section 265; Civ. P. '02 Section 235; 1870 (14) 472 Section 237.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-190. Keeping of property; sheriff's fees and expenses.

When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his lawful fees for taking and his necessary expenses for keeping the property.
HISTORY: 1962 Code Section 10-2514; 1952 Code Section 10-2514; 1942 Code Section 562; 1932 Code Section 562; Civ. P. '22 Section 478; Civ. P. '12 Section 266; Civ. P. '02 Section 236; 1870 (14) Section 238.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-200. Claim of 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 of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the affidavit upon the sheriff, the sheriff 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 sheriff against such claim by an undertaking executed by two sufficient sureties accompanied by their affidavit that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, and are freeholders and householders within this State. And no claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, 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 10-2515; 1952 Code Section 10-2515; 1942 Code Section 563; 1932 Code Section 563; Civ. P. '22 Section 479; Civ. P. '12 Section 267; Civ. P. '02 Section 237; 1870 (14) 472 Section 239.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 69 - Recovery Of Personal Property › Section 15-69-210. Judgment.

In an action to recover the possession of personal property judgment for the plaintiff may be for the possession, for the recovery of possession or for the value thereof in case a delivery cannot be had and for damages, both punitive and actual, for the detention. If the property has been delivered to the plaintiff and the defendant claims 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, both actual and punitive, for taking and withholding the property.
But when either party gives bond for the property, as provided by law, no punitive damages shall be allowed for anything occurring after the giving of the bond.
HISTORY: 1962 Code Section 10-2516; 1952 Code Section 10-2516; 1942 Code Section 661; 1932 Code Section 661; Civ. P. '22 Section 600; Civ. P. '12 Section 338; Civ. P. '02 Section 299; 1907 (25) 483.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 72 - Jurisdiction Of Circuit Court › Section 15-72-10. Jurisdiction of circuit court.

Subject to the provisions of Section 62-5-433 the circuit court has:
(1) exclusive jurisdiction to approve the settlement of any claim that exceeds ten thousand dollars in favor of or against any minor or incapacitated person; and
(2) concurrent jurisdiction with the probate court to approve the settlement of any claim not exceeding ten thousand dollars in favor of or against any minor or incapacitated person.
HISTORY: 1988 Act No. 659, Section 13.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 73 - Sellers Of Defective Products › Section 15-73-10. Liability of seller for defective product.

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm caused to the ultimate user or consumer, or to his property, if
(a) The seller is engaged in the business of selling such a product, and
(b) It is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
(2) The rule stated in subsection (1) shall apply although
(a) The seller has exercised all possible care in the preparation and sale of his product, and
(b) The user or consumer has not bought the product from or entered into any contractual relation with the seller.
HISTORY: 1962 Code Section 66-371; 1974 (58) 2782.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 73 - Sellers Of Defective Products › Section 15-73-20. Situation in which recovery shall be barred.

If the user or consumer discovers the defect and is aware of the danger, and nevertheless proceeds unreasonably to make use of the product and is injured by it, he is barred from recovery.
HISTORY: 1962 Code Section 66-372; 1974 (58) 2782.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 73 - Sellers Of Defective Products › Section 15-73-30. Intent of chapter.

Comments to Section 402A of the Restatement of Torts, Second, are incorporated herein by reference thereto as the legislative intent of this chapter.
HISTORY: 1962 Code Section 66-373; 1974 (58) 2782.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 73 - Sellers Of Defective Products › Section 15-73-40. Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff.

(A) In a products liability action involving firearms or ammunition, whether a firearm or ammunition shell is defective in design must not be based on a comparison or weighing of the benefits of the product against the risk of injury, damage, or death posed by its potential to cause that injury, damage, or death when discharged.
(B) In a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove, in addition to any other elements required to be proved that:
(1) the actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and
(2) any defective design was the proximate cause of the injury, damage, or death.
HISTORY: 2000 Act No. 345, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 74 - Liability Exemption For Donors Of Food › Section 15-74-10. Definitions.

For the purposes of this chapter, "distressed food" means canned or packaged foods and prepared foods which are foods prepared by restaurants and other establishments and donors in excess amounts which do not affect the edibility of the food or other considerations and perishable foods which are not readily marketable due to appearance, freshness, grade surplus, dented or damaged containers which do not affect the edibility of the food or other considerations. "Prepared and perishable food" means food that may spoil or become unfit for human consumption because of its nature, type, or physical condition, and includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods that have been packaged, refrigerated, or frozen. Perishable food also includes any consumable agricultural products remaining after commercial harvesting which the donor allows to be removed from his land.
"Food bank and prepared and perishable food program" means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit or charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.
HISTORY: 1981 Act No. 95, Section 1; 1990 Act No. 415, Section 1; 1992 Act No. 317, Section 1; 1992 Act No. 362, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 74 - Liability Exemption For Donors Of Food › Section 15-74-20. Good faith charitable donor of distressed food exempt from civil and criminal liability; exception.

The donor, in good faith, of distressed food apparently fit for human consumption, to a bona fide charitable or nonprofit organization or food bank or prepared and perishable food program for free distribution, is not subject to criminal penalty or civil damages arising from the condition of the food or the nature or condition of the land entered, unless an injury is caused by gross negligence, recklessness, or intentional misconduct of the donor.
HISTORY: 1981 Act No. 95, Section 1; 1990 Act No. 415, Section 2; 1992 Act No. 317, Section 2; 1992 Act No. 362, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 74 - Liability Exemption For Donors Of Food › Section 15-74-30. Charitable or nonprofit organization receiving distressed food in good faith exempt from civil and criminal liability; exception.

A bona fide charitable or nonprofit organization or food bank or prepared and perishable food program which in good faith receives distressed food apparently fit for human consumption is not subject to criminal penalty or civil damages arising from the condition of the food unless an injury results from the gross negligence, recklessness, or intentional misconduct of the organization.
HISTORY: 1981 Act No. 95, Section 1; 1990 Act No. 415, Section 3; 1992 Act No. 362, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 74 - Liability Exemption For Donors Of Food › Section 15-74-40. Neither regulatory authority of Department of Health and Environmental Control nor liability of producer or processor of defective food affected.

The provisions of this act shall not be deemed to in any manner restrict the authority of the Department of Health and Environmental Control to regulate or ban the use or consumption of distressed food donated, collected or received for charitable purposes but deemed unfit for human consumption, nor shall the exemption from liability provided for in this chapter in any manner affect the liability of a producer or processor of food products for defects existing in a food product prior to the time such product became "distressed food" as defined in Section 15-74-10.
HISTORY: 1981 Act No. 95, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct › Section 15-75-10. Imputation of want of chastity to female.

If any person shall utter and publish, either by writing or verbally, any words of and concerning any female imputing to her a want of chastity, the person so uttering and publishing such words shall be liable for damages in a civil action brought by the female of whom the words may be uttered and published, without proving any special damage, subject, nevertheless, to the rules of evidence.
HISTORY: 1962 Code Section 10-2591; 1952 Code Section 10-2591; 1942 Code Section 8659; 1932 Code Section 8659; Civ. C. '22 Section 5595; Civ. C. '12 Section 3941; Civ. C. '02 Section 2838; G. S. 2179; R. S. 2308; 1824 (6) 236; 1995 Act No. 104, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct › Section 15-75-20. Loss of companionship of spouse.

Any person may maintain an action for damages arising from an intentional or tortious violation of the right to the companionship, aid, society and services of his or her spouse. Provided, that such action shall not include any damages recovered prior thereto by the injured spouse.
This section shall not be retroactive but shall be effective only on cause of action arising after June 25, 1969.
HISTORY: 1962 Code Section 10-2593; 1969 (56) 615.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct › Section 15-75-50. Use of a facsimile machine to transmit unsolicited advertising material prohibited; exceptions; civil actions.

(A) No person may use a machine that electronically transmits facsimiles through connection with a telephone network to transmit unsolicited advertising material which offers to sell goods or services except as follows:
(1) where a prior or current business relationship exists between the sender and receiver;
(2) where the facsimile transmission is sent as a follow-up or response to a sales call, sales lead, or other business or association-related contact.
(B) A person aggrieved by a violation of the provisions of subsection (A) may bring a civil action to enjoin further violations and to recover the actual damages sustained by reason of the violation, together with costs and a reasonable attorney's fee, or two hundred dollars, whichever is greater.
HISTORY: 1991 Act No. 58, Section 1.
Editor's Note
Section 3 of 1991 Act No. 58, effective May 27, 1991, provides as follows:
"The provisions of this act do not apply to persons submitting bids for services or materials to be used in connection with nonresidential construction projects."
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct › Section 15-75-51. Notice not to transmit unsolicited material required prior to imposition of penalty.

The penalty provided by Section 15-75-50, including injunctive relief, may not be imposed unless the person who is alleged to have violated that section does so after being instructed, (1) in writing, (2) by telephone, or (3) by a machine that electronically transmits facsimiles through connection with a telephone network, by the receiver of the unsolicited advertising material not to transmit the material.
HISTORY: 1991 Act No. 58, Section 2.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct › Section 15-75-60. Sham legal processes involving persons impersonating government officials or employees, or by persons falsely asserting authority of law; remedies.

A person who is injured by a sham legal process involving a violation of Section 16-17-735 has the following civil remedies against the person who committed the violation or who caused the violation to be committed:
(1) actual damages;
(2) punitive damages;
(3) costs; and
(4) reasonable attorney's fees. The amount of the recovery for the plaintiff is not determinative of the attorney's fee.
HISTORY: 1998 Act No. 385, Section 4.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 77 - Suits Involving State, State Agencies And Officials And United States › Section 15-77-10. Persons appointed by United States may prosecute in its behalf.

Every person authorized and appointed by the United States for the purpose, in its name and in its behalf, may commence and prosecute to final decree, judgment and execution any action for the recovery from individuals of debts due and effects belonging to the United States. Every such action shall be conducted in the same manner and subject to the same rules and regulations as when commenced by one citizen of this State against another citizen thereof, and the defendant shall be allowed the same privileges and advantages as he would be entitled to if sued by a citizen of this State.
HISTORY: 1962 Code Section 10-2601; 1952 Code Section 10-2601; 1942 Code Section 336; 1932 Code Section 336; Civ. P. '22 Section 292; Civ. C. '12 Section 3925; Civ. C. '02 Section 2822; G. S. 2169; R. S. 2298; 1785 (4) 667.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 77 - Suits Involving State, State Agencies And Officials And United States › Section 15-77-20. Suits affecting obligations of the State.

No suit shall be filed nor shall any pending suit be prosecuted in any court of this State affecting the issuance or sale of any state security, certificate of indebtedness or bond the intent or effect of which is to prevent, delay or affect the sale or other disposition thereof or which would have this effect unless and until the plaintiff in such action shall make application to the circuit judge presiding in the circuit in which the action is brought or, if there be no judge presiding, then to the resident judge of such circuit or to the Chief Justice of the Supreme Court, if the action be brought in the original jurisdiction thereof, or if he be disabled or disqualified to an associate justice, for leave to bring or prosecute such action and shall convince such judge or justice of the merit in such action or proceeding. Such suit shall not then be filed or prosecuted unless and until the plaintiff shall file in such court a bond in such amount as will adequately protect the State against loss, damage, injury and costs in an amount of not less than twenty-five thousand dollars, subscribed by a duly licensed surety company or secured by the deposit of a like amount in cash, conditioned to pay all loss, damage, injury and costs, including attorney's fees, which the State may sustain in any such action. And before any such action shall be commenced at least ten days' notice thereof, together with a copy of the proposed complaint, shall be given to the Governor and the State Treasurer, so as to afford them an opportunity to appear before the judge or justice in opposition to the filing of the suit and to be heard upon the amount of the bond to be required.
HISTORY: 1962 Code Section 10-2602; 1952 Code Section 10-2602; 1942 Code Section 442; 1932 Code Section 442; 1930 (36) 1221.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 77 - Suits Involving State, State Agencies And Officials And United States › Section 15-77-30. State as defendant in action affecting title to real estate.

In any action or suit at law affecting the title to real estate when it appears that the State has or claims a judgment lien upon such real estate the State may be made a party defendant in such action or suit at law, provided no money demand is made in such suit or action at law against the State.
HISTORY: 1962 Code Section 10-2603; 1952 Code Section 10-2603; 1942 Code Section 405; 1932 Code Section 405; 1926 (34) 963.