reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally › Section 15-9-710. When service by publication may be had.

When the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State and (a) that fact appears by affidavit to the satisfaction of the court or judge thereof, the clerk of the court of common pleas, the master, or the probate judge of the county in which the cause is pending and (b) it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real property in this State, the court, judge, clerk, master, or judge of probate may grant an order that the service be made by the publication of the summons in any one or more of the following cases:
(1) when the defendant is a foreign corporation and has property within the State or the cause of action arose therein;
(2) when the defendant, being a resident of this State, has departed therefrom, with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent;
(3) when the defendant is a resident of this State and after a diligent search cannot be found;
(4) when the defendant is not a resident of this State but has property therein and the court has jurisdiction of the subject of the action;
(5) when the subject of the action is real or personal property in this State and the defendant has or claims a lien or interest, actual or contingent, therein or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein;
(6) when the defendant is a party to an adoption proceeding and is either a nonresident or a person upon whom service cannot be had within the State after due diligence;
(7) when the defendant is a party to a proceeding for the determination of parental rights and is either a nonresident or a person upon whom service cannot be had within the State after due diligence; and
(8) when the defendant is a party to an annulment proceeding or where the subject of the matter involves the custody of minor children, support of minor children or wife, separate maintenance, or a legal separation.
HISTORY: 1962 Code Section 10-451; 1952 Code Section 10-451; 1942 Code Section 436; 1932 Code Section 436; Civ. P. '22 Section 392; Civ. P. '12 Section 185; Civ. P. '02 Section 156; 1870 (14) 456 Section 158; 1876 (16) 190; 1898 (22) 698; 1901 (23) 635; 1904 (24) 379; 1913 (28) 40; 1914 (28) 534; 1933 (38) 452; 1940 (41) 1825; 1941 (42) 275; 1959 (51) 409; 1961 (52) 429; 1988 Act No. 531, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally › Section 15-9-720. Service on unknown parties by publication for certain real property actions.

(A) For the purposes of this section, "court" means a court, judge, clerk of court, master-in-equity, special referee, or judge of probate of competent jurisdiction in the county where the action is pending.
(B)(1) A court shall grant an order allowing a party with an interest in or lien on a parcel of real property subject to a partition action, mortgage foreclosure action, or other action affecting the property's title to serve by publication any unknown party to the action and who has an interest in or lien on the real property, any such legal notice as will accomplish the underlying purposes set forth in this section, if the:
(a) residence of the unknown party cannot, with a reasonably diligent effort, be ascertained by the plaintiff; and
(b) plaintiff presents an affidavit to the court stating he has been unable to ascertain the residence of the unknown party after making a reasonably diligent effort.
(2) A court order allowing a party to serve an unknown party by publication must require the party serving by publication to publish the service once a week for three weeks in a newspaper of general circulation in the county where the property is situated. Service by publication under this section is equal to personal service on the unknown party.
(C) A party may accomplish service by publication pursuant to this section for multiple units in a single horizontal property regime by consolidating the services into a single service that identifies each apartment included in the action based on the apartment's description in the master deed. This consolidated service must comply with the other requirements of this section and other applicable statutes, including the requirement that publication must take place once a week for three weeks in a newspaper of general circulation in the county where the property is situated.
HISTORY: 1962 Code Section 10-452; 1952 Code Section 10-452; 1942 Code Section 436; 1932 Code Section 436; Civ. P. '22 Section 392; Civ. P. '12 Section 185; Civ. P. '02 Section 156; 1870 (14) 456 Section 158; 1876 (16) 190; 1898 (22) 698; 1901 (23) 635; 1904 (24) 379; 1913 (28) 40; 1914 (28) 534; 1933 (38) 452; 1940 (41) 1825; 1941 (42) 275; 2010 Act No. 164, Section 1, eff May 12, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally › Section 15-9-730. Service on certain domestic corporations by publication.

In any action or proceeding in this State in which the defendant is a corporation created by or organized under the laws of this State when no officer or agent thereof upon whom service of process can be made can, after due diligence, be found in this State and this is made to appear by affidavit, process may be served upon such corporation by publication.
HISTORY: 1962 Code Section 10-453; 1952 Code Section 10-453; 1942 Code Section 435; 1932 Code Section 435; Civ. P. '22 Section 391; 1920 (31) 797.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally › Section 15-9-740. Publication and mailing of summons.

The order of publication shall direct the publication to be made in one newspaper, to be designated by the officer before whom the application is made, most likely to give notice to the person to be served and for such length of time as may be deemed reasonable not less than once a week for three weeks. The court, judge, clerk, master or judge of probate shall also direct that a copy of the summons be forthwith deposited in the post office directed to the person to be served at his place of residence, unless it appears that such residence is neither known to the party making the application nor can, with reasonable diligence, be ascertained by him. In case of minors, persons imprisoned outside of this State, lunatics confined outside of this State or in like cases, a similar order shall be made and like proceedings be had as in case of adults not under disabilities.
In all cases in which publication is made the complaint must first be filed and the summons, as published, must state the time and place of such filing. When service is made by publication the ten days' notice of application for judgment to be made at chambers as required in contested cases of certain kinds as provided by law may be inserted in the first or any subsequent publication mailed to the last known residence of the defendant. In case of publication of summons upon a minor under Section 15-9-480, or on a person non compos mentis under Section 15-9-490 when an order nisi has been passed and filed appointing a guardian ad litem it shall be sufficient publication of such order to publish with the summons, and it shall be a sufficient service of such order out of the State to serve with the summons, a notice giving the name and address of the guardian, the date when the appointment becomes absolute and the office in which the order is filed.
HISTORY: 1962 Code Section 10-454; 1952 Code Section 10-454; 1942 Code Sections 37, 402, 436; 1932 Code Sections 37, 402, 436; Civ. P. '22 Sections 35, 359, 392; Civ. C. '12 Section 3833; Civ. P. '12 Sections 165, 185; Civ. C. '02 Section 2736; Civ. P. '02 Sections 137, 156; G. S. 2115; R. S. 2247; 1818 (7) 321; 1870 (14) 451 Section 139, 456 Section 158; 1876 (16) 190; 1882 (17) 38; 1887 (19) 813; 1891 (20) 1123; 1898 (22) 698; 1899 (23) 30; 1901 (23) 635; 1904 (24) 379; 1908 (25) 1055; 1912 (27) 623; 1913 (28) 40; 1914 (28) 534; 1920 (31) 806; 1921 (32) 281; 1925 (34) 94; 1930 (36) 1247; 1933 (28) 50, 452; 1937 (40) 79; 1940 (41) 1825; 1941 (42) 275; 1944 (43) 1326; 1956 (49) 1600.
Code Commissioner's Note
At the direction of the Code Commissioner, "as provided by law" was substituted for "by Section 15-27-30" in the second sentence of the second paragraph.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally › Section 15-9-750. Effect of personal service out of State.

Personal service of the summons out of State shall be equivalent to publication and deposit in the post office, and when such service is had no affidavit, as provided for in Section 15-9-710, order for publication or deposit in the post office shall be necessary. Such personal service so made shall be complete and final on the day of the date of the personal service of the summons as fully as if such personal service had been made under the provisions of statutes providing personal service within the State.
HISTORY: 1962 Code Section 10-455; 1952 Code Section 10-455; 1942 Code Section 436; 1932 Code Section 436; Civ. P. '22 Section 392; Civ. P. '12 Section 185; Civ. P. '02 Section 156; 1870 (14) 456 Section 158; 1876 (16) 190; 1898 (22) 698; 1901 (23) 635; 1904 (24) 379; 1913 (28) 40; 1914 (28) 534; 1933 (38) 452; 1940 (41) 1825; 1941 (42) 275; 1960 (51) 1753.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 11 - Notice Of Lis Pendens › Section 15-11-10. Time when notice of lis pendens may be filed.

In an action affecting the title to real property the plaintiff (a) not more than twenty days before filing the complaint or at any time afterwards or (b) whenever a warrant of attachment under Sections 15-19-10 to 15-19-560 shall be issued or at any time afterwards or a defendant when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer or at any time afterwards if such answer be intended to affect real estate, may file with the clerk of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action and the description of the property in that county affected thereby. If the action be for the foreclosure of a mortgage such notice must be filed twenty days before judgment and must contain the date of the mortgage, the parties thereto and the time and place of recording such mortgage.
HISTORY: 1962 Code Section 10-501; 1952 Code Section 10-501; 1942 Code Section 432; 1932 Code Section 432; Civ. P. '22 Section 388; Civ. P. '12 Section 182; Civ. P. '02 Section 153; 1870 (14) 455 Section 155; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 11 - Notice Of Lis Pendens › Section 15-11-20. Pendency as constructive notice; effect.

From the time of filing only, the pendency of the action shall be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were made a party to the action. For the purposes of this section, an action shall be deemed to be pending from the time of filing such notice.
HISTORY: 1962 Code Section 10-502; 1952 Code Section 10-502; 1942 Code Section 432; 1932 Code Section 432; Civ. P. '22 Section 388; Civ. P. '12 Section 182; Civ. P. '02 Section 153; 1870 (14) 455 Section 155; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 11 - Notice Of Lis Pendens › Section 15-11-30. Service required.

Such notice shall be of no avail unless it shall be followed by the first publication of the summons or an order therefor or by the personal service thereof on a defendant within sixty days after such filing.
HISTORY: 1962 Code Section 10-503; 1952 Code Section 10-503; 1942 Code Section 432; 1932 Code Section 432; Civ. P. '22 Section 388; Civ. P. '12 Section 182; Civ. P. '02 Section 153; 1870 (14) 455 Section 155; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 11 - Notice Of Lis Pendens › Section 15-11-40. Cancellation of notice.

The court in which the action was commenced, in its discretion at any time after the action is settled, discontinued, or abated, as provided in Section 15-5-190, on application of a person aggrieved and on good cause shown and on a notice as directed or approved by the court, may order the notice authorized by this chapter to be cancelled of record by the clerk of any county in whose office the notice was filed or recorded. The cancellation must be made by an endorsement to that effect on the margin of the record which refers to the order and for which the clerk is entitled to a fee of one dollar.
The lis pendens notice, however, may be cancelled without a court order by the person who filed the notice any time after the action has been settled, discontinued, abated, or dismissed by a court of law by the submission of a written notice of cancellation to the clerk of court of each county in which a notice was filed or recorded. The clerk may require a fee of one dollar for the effectuation of a cancellation in this manner.
HISTORY: 1962 Code Section 10-504; 1952 Code Section 10-504; 1942 Code Section 432; 1932 Code Section 432; Civ. P. '22 Section 388; Civ. P. '12 Section 182; Civ. P. '02 Section 153; 1870 (14) 455 Section 155; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335; 1972 (57) 2603; 1989 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 11 - Notice Of Lis Pendens › Section 15-11-50. Limitation of effect of notice; refiling.

When the summons is published or served as above provided the notice of the pendency of the action shall constitute notice for only five years from the date of the filing of such notice, and, in order to provide constructive notice to a purchaser or encumbrancer of the property affected thereby after such five-year period or any such period after a refiling, the notice shall be refiled within five years from the date of filing in the first instance and within five years from the date of any such refiling. In the event any such notice be refiled it shall be entered in the book provided therefor as required for the original entry, and the clerk shall note upon the record of the filing that it is a refiling of such notice and shall also note thereupon the date of the first entry and the book and page at which such notice is filed.
HISTORY: 1962 Code Section 10-505; 1952 Code Section 10-505; 1942 Code Section 432; 1932 Code Section 432; Civ. P. '22 Section 388; Civ. P. '12 Section 182; Civ. P. '02 Section 153; 1870 (14) 455 Section 155; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-10. Person shall not be arrested in civil action except as prescribed.

No person shall be arrested in a civil action except as prescribed by this Code. But this shall not apply to proceedings for contempt.
HISTORY: 1962 Code Section 10-801; 1952 Code Section 10-801; 1942 Code Section 499; 1932 Code Section 499; Civ. P. '22 Section 441; Civ. P. '12 Section 229; Civ. P. '02 Section 199; 1870 (14) 466 Section 201.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-20. Arrest in civil actions permitted in certain cases.

The defendant may be arrested, as prescribed in this article, in the following cases:
(1) In an action for money received or property embezzled or fraudulently misapplied by a public officer, an attorney, solicitor or counsellor, an officer or agent of a corporation or banking association in the course of his employment as such or a factor, agent, broker or other person in a fiduciary capacity or in an action for any misconduct or neglect in office or in a professional employment;
(2) In an action to recover the possession of personal property fraudulently detained or when property has been fraudulently concealed, removed or disposed of so that it cannot be found or taken by the sheriff or constable and with intent that it should not be so found or taken or with intent to deprive the plaintiff of the benefit thereof;
(3) When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought or in concealing or disposing of the property 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;
(4) When the defendant has removed or disposed of his property or is about to do so with intent to defraud his creditors;
(5) Whenever a person domiciled in this State, indebted by bond, note or otherwise, is about to remove or abscond from the limits of this State and the debt is not yet due but payable at some future date, the obligee, payee or holder of such demand, or his assignee or endorsee, as the case may be, upon swearing
(a) that such person is indebted to him,
(b) that the demand is just and owing but not yet due,
(c) that the debtor is about to abscond or remove without the limits of this State and
(d) that such creditor was not aware that the debtor had any intention to remove from the State at the time when the original contract was made or at the time of such assignment or endorsement, as the case may be,
May commence an action by issuing a summons and complaint and shall have power to arrest and hold to bail in such manner as is prescribed in this chapter in cases of debts actually due; and
(6) In an action for the recovery of damages in a cause of action not arising out of contract when the defendant is a nonresident of the State or is about to remove therefrom or when the action is for an injury to person or character or for injury to or for wrongfully taking, detaining or converting property.
HISTORY: 1962 Code Section 10-802; 1952 Code Section 10-802; 1942 Code Section 500; 1932 Code Section 500; Civ. P. '22 Section 442; Civ. P. '12 Section 230; Civ. P. '02 Section 200; 1870 (14) 467 Section 202.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-30. Females shall be arrested only in certain cases.

No female shall be arrested in any civil action except for a wilful injury to persons, character or property.
HISTORY: 1962 Code Section 10-803; 1952 Code Section 10-803; 1942 Code Section 3523; 1932 Code Section 3523; Civ. C. '22 Section 2066; Civ. C. '12 Section 1173; Civ. C. '02 Section 848; G. S. 663; R. S. 728; 1931 (37) 78.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-40. By whom order for arrest is made.

An order for the arrest of the defendant must be obtained from a judge, magistrate or clerk of the court in which or before whom the action is brought.
HISTORY: 1962 Code Section 10-804; 1952 Code Section 10-804; 1942 Code Section 501; 1932 Code Section 501; Civ. P. '22 Section 443; Civ. P. '12 Section 231; Civ. P. '02 Section 201; 1870 (14) 467 Section 203.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-50. Affidavit to obtain order for arrest.

The order may be made when it shall appear to the proper officer by the affidavit of the plaintiff or of any other person that a sufficient cause of action exists and that the case, from the facts stated, is one of those mentioned in Section 15-17-20.
HISTORY: 1962 Code Section 10-805; 1952 Code Section 10-805; 1942 Code Section 502; 1932 Code Section 502; Civ. P. '22 Section 444; Civ. P. '12 Section 232; Civ. P. '02 Section 202; 1870 (14) 467 Section 204.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-60. Security by plaintiff before obtaining order for arrest.

Before making the order the judge or other officer shall require a written undertaking on the part of the plaintiff, 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 defendant 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 a resident and householder or freeholder within the State and worth double the sum specified in the undertaking over all his debts and liabilities.
HISTORY: 1962 Code Section 10-806; 1952 Code Section 10-806; 1942 Code Section 503; 1932 Code Section 503; Civ. P. '22 Section 445; Civ. P. '12 Section 233; Civ. P. '02 Section 203; 1870 (14) 467 Section 205.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-70. Making and serving order for arrest; contents.

The order may be made to accompany the summons or at any time afterwards before judgment. It shall require the sheriff or constable of the county in which the defendant may be found forthwith to arrest him and hold him to bail in a specified sum and to return the order at a place and time therein mentioned to the plaintiff or attorney by whom it shall be subscribed or endorsed. But the order of arrest shall be of no avail and shall be vacated or set aside, on motion, unless it is served upon the defendant, as provided by law, before the docketing of any judgment in the action. The defendant shall have twenty days, after the service of the order of arrest, in which to answer the complaint.
HISTORY: 1962 Code Section 10-807; 1952 Code Section 10-807; 1942 Code Section 504; 1932 Code Section 504; Civ. P. '22 Section 446; Civ. P. '12 Section 234; Civ. P. '02 Section 204; 1870 (14) 467 Section 206.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-80. Affidavit and order shall be delivered to sheriff or constable; copy to defendant.

The affidavit and order of arrest shall be delivered to the sheriff or constable who, upon arresting the defendant, shall deliver to him a copy thereof.
HISTORY: 1962 Code Section 10-808; 1952 Code Section 10-808; 1942 Code Section 505; 1932 Code Section 505; Civ. P. '22 Section 447; Civ. P. '12 Section 235; Civ. P. '02 Section 205; 1870 (14) 468 Section 207.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-90. Execution of order.

The sheriff or constable shall execute the order by arresting the defendant and keeping him in custody until discharged by law and may call the power of the county to his aid in the execution of the arrest, as in case of process.
HISTORY: 1962 Code Section 10-809; 1952 Code Section 10-809; 1942 Code Section 506; 1932 Code Section 506; Civ. P. '22 Section 448; Civ. P. '12 Section 236; Civ. P. '02 Section 206; 1870 (14) 468 Section 208.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-210. Defendant shall be discharged on giving bail or making a deposit.

The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order of arrest, as provided in this article, or under the provisions of Sections 15-17-410 to 15-17-590.
HISTORY: 1962 Code Section 10-821; 1952 Code Section 10-821; 1942 Code Section 507; 1932 Code Section 507; Civ. P. '22 Section 449; Civ. P. '12 Section 237; Civ. P. '02 Section 207; 1870 (14) 468 Section 209.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-220. Manner of giving bail.

The defendant may give bail by causing a written undertaking to be executed by two or more sufficient bail, stating their places of residence and occupations, to the effect that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action and to such as may be issued to enforce the judgment therein or, if he be arrested for cause mentioned in item (2) of Section 15-17-20, by an undertaking to the same effect as that provided in Section 15-69-140.
HISTORY: 1962 Code Section 10-822; 1952 Code Section 10-822; 1942 Code Section 508; 1932 Code Section 508; Civ. P. '22 Section 450; Civ. P. '12 Section 238; Civ. P. '02 Section 208; 1870 (14) 468 Section 210.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-230. Qualification of bail.

The qualification of bail must be as follows:
(1) Each of them must be a resident and householder or freeholder within the State; and
(2) Each of them must be worth the amount specified in the order of arrest, exclusive of property exempt from execution.
But the judge or clerk of the court, on justification, may allow more than two bail to justify severally in amounts less than that expressed in the order if the whole justification be equivalent to that of two sufficient bail.
HISTORY: 1962 Code Section 10-823; 1952 Code Section 10-823; 1942 Code Sections 258, 515; 1932 Code Sections 258, 516; Civ. P. '22 Sections 214, 457; Civ. P. '12 Sections 81, 245; Civ. P. '02 Sections 72, 215; 1870 (14) 438 Section 75, 469 Section 217.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-240. Substituting bail for deposit.

If money be deposited, as provided in Section 15-1-250, bail may be given and justified upon notice, as prescribed in Section 15-17-260, at any time before judgment. Thereupon the judge before whom the justification is had shall direct in the order of allowance that the money deposited be refunded by the sheriff or constable to the defendant, and it shall be refunded accordingly.
HISTORY: 1962 Code Section 10-827; 1952 Code Section 10-827; 1942 Code Section 520; 1932 Code Section 520; Civ. P. '22 Section 462; Civ. P. '12 Section 250; Civ. P. '02 Section 220; 1870 (14) 469 Section 222.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-250. Delivery of bail to plaintiff and acceptance by him.

Within the time limited for that purpose the sheriff or constable shall deliver the order of arrest to the plaintiff or attorney by whom it is subscribed, with his return endorsed and a certified copy of the undertaking of the bail. The plaintiff within ten days thereafter may serve upon the sheriff or constable a notice that he does not accept the bail, or he shall be deemed to have accepted it, and the sheriff or constable shall be exonerated from liability.
HISTORY: 1962 Code Section 10-828; 1952 Code Section 10-828; 1942 Code Section 513; 1932 Code Section 513; Civ. P. '22 Section 455; Civ. P. '12 Section 243; Civ. P. '02 Section 213; 1870 (14) 468 Section 215.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-260. Notice of justification; new bail.

On the receipt of notice that the plaintiff does not accept the bail the sheriff or constable or the defendant may, within ten days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed notice of the justification of such bail or other bail, specifying the places of residence and occupation of the latter, before a judge or clerk of the court at a specified time and place, the time to be not less than five nor more than ten days thereafter. In case other bail be given there shall be a new undertaking in the form prescribed in Section 15-17-220.
HISTORY: 1962 Code Section 10-829; 1952 Code Section 10-829; 1942 Code Section 514; 1932 Code Section 514; Civ. P. '22 Section 456; Civ. P. '12 Section 244; Civ. P. '02 Section 214; 1870 (14) 469 Section 216.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-270. Justification of bail.

For the purpose of justification each of the bail shall attend before the judge, magistrate or clerk of the court at the time and place mentioned in the notice and may be examined on oath on the part of the plaintiff touching his sufficiency in such manner as the judge, magistrate or clerk of the court, in his discretion, may think proper. The examination shall be reduced to writing and subscribed by the bail if required by the plaintiff.
HISTORY: 1962 Code Section 10-830; 1952 Code Section 10-830; 1942 Code Sections 259, 516; 1932 Code Sections 259, 516; Civ. P. '22 Sections 215, 458; Civ. P. '12 Sections 82, 246; Civ. P. '02 Sections 73, 216; 1870 (14) 438 Section 76, 469 Section 218.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-280. Allowance of bail.

If the judge, magistrate or clerk of the court find the bail sufficient he shall annex the examination to the undertaking, endorse his allowance thereon and cause them to be filed in the office of the clerk. The sheriff shall thereupon be exonerated from liability.
HISTORY: 1962 Code Section 10-831; 1952 Code Section 10-831; 1942 Code Sections 260, 517; 1932 Code Sections 260, 517; Civ. P. '22 Sections 216, 459; Civ. P. '12 Sections 83, 247; Civ. P. '02 Sections 74, 217; 1870 (14) 438 Section 77, 469 Section 219.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-410. Petition for release.

Any person arrested on mesne or final process in any civil action as provided by this chapter, being unable or unwilling to give the bail therein provided, may petition the court of common pleas of the county wherein he is confined, certifying the causes of his arrest together with an account of his real and personal estate with the dates of the securities wherein any part of it consists and the deeds, notes or vouchers relating thereto and the names of the witnesses to such instruments as far as his knowledge extends therein.
HISTORY: 1962 Code Section 10-841; 1952 Code Section 10-841; 1942 Code Section 851; 1932 Code Section 851; Civ. P. '22 Section 799; Civ. C. '12 Section 4176; Civ. C. '02 Section 3072; G. S. 2405; R. S. 2524; 1759 (4) 86; 1788 (5) 79; Const. Art. I Section 20.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-420. Creditors shall be summoned by public notice.

Upon such petition the clerk shall, by order or rule, cause the petitioner to be brought before the court and also the creditors at whose suit such person shall stand charged, as well as all other creditors to whom he shall be indebted, to be summoned by public notice, to be given three weeks at least in some newspaper of the county wherein the debtor is confined and, if there be no newspaper published in such county, then in some newspaper of general circulation therein, personally or by their attorney, to appear before him at a day for that purpose appointed at or after the expiration of such period of three weeks.
HISTORY: 1962 Code Section 10-842; 1952 Code Section 10-842; 1942 Code Section 852; 1932 Code Section 852; Civ. P. '22 Section 800; Civ. C. '12 Section 4177; Civ. C. '02 Section 3073; G. S. 2406; R. S. 2525; 1759 (4) 87.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-430. Clerk shall examine as to discharge of prisoner.

Upon the day of such appearance if any of the creditors so summoned shall neglect or refuse to appear, upon affidavit made of the service of such rule or order in manner provided in Section 15-17-420, the clerk shall in a summary way examine into the matter of the petition, and hear what shall be alleged for or against the discharge of the petitioner from arrest and confinement.
HISTORY: 1962 Code Section 10-843; 1952 Code Section 10-843; 1942 Code Section 853; 1932 Code Section 853; Civ. P. '22 Section 801; Civ. C. '12 Section 4178; Civ. C. '02 Section 3074; G. S. 2407; R. S. 2526; 1759 (4) 87; 1952 (47) 1688.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-440. Oath of petitioner.

Upon such examination the clerk shall administer or tender to the petitioner an oath in the following words:
"I, (A. B.), do solemnly swear that the account by me delivered into this honorable court with my petition doth contain a true and full account of all my real and personal estate, debts, credits and effects whatsoever, without exception, which I or any person in trust for me have or at the time of my petition had, or am or was, in any respect, entitled unto, in possession, remainder or reversion; and that I have not at any time since my being sued, arrested or imprisoned, or before, directly or indirectly sold, leased, assigned or otherwise disposed of or made over, in trust for myself or otherwise, other than is mentioned in such account, any part of my lands, estate, goods, stock, money, debts or other real or personal estate whereby to have or expect any benefit or profit to myself or to defraud any of my creditors to whom I am indebted; and that I will, to the utmost of my power, endeavor to collect all and singular the title deeds to my lands, together with the remainder of my goods and effects contained in said account and the vouchers relating to or concerning the same, wheresoever or in whosesoever hands they may be within this State, and will surrender the same to my assignee or assignees as soon as possible after my discharge from arrest and confinement. So help me God."
HISTORY: 1962 Code Section 10-844; 1952 Code Section 10-844; 1942 Code Section 853; 1932 Code Section 853; Civ. P. '22 Section 801; Civ. C. '12 Section 4178; Civ. C. '02 Section 3074; G. S. 2407; R. S. 2526; 1759 (4) 87; 1952 (47) 1688.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-450. Order for assignment of property; exemptions.

In case the prisoner shall take such oath and upon examination the clerk shall be satisfied with the truth thereof he shall order the lands, goods and effects contained in such account, or so much of them as may be sufficient to satisfy the debts wherewith such petitioner shall be charged and the fees of the keeper of the jail where he shall be in custody together with the costs of suit which shall be incurred on the suit or prosecution commenced against him and all other costs and fees which shall arise or become due upon prosecuting and obtaining his discharge from arrest and confinement, by a short endorsement on the back of his petition, signed by the petitioner, to be assigned to some suitable person to be selected by the clerk, as assignee for the benefit of the plaintiff and such creditors as may appear or establish claims against the debtor. But if the petitioner be the head of a family there shall be reserved to him out of his real and personal property a homestead and such articles as are exempt from attachment, levy and sale under the provisions of the Constitution and laws of this State.
HISTORY: 1962 Code Section 10-845; 1952 Code Section 10-845; 1942 Code Section 854; 1932 Code Section 854; Civ. P. '22 Section 802; Civ. C. '12 Section 4179; Civ. C. '02 Section 3075; G. S. 2408; R. S. 2527; 1759 (4) 87; 1952 (47) 1688; Const. Art. II Section 32.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-460. Prisoner shall be discharged on making assignment.

The petitioner upon executing such assignment and delivering unto the hands of the assignee or assignees all and singular his title deeds, vouchers and effects listed in his account, so far as in his power so to do, shall be forthwith discharged, by order, from arrest and confinement.
HISTORY: 1962 Code Section 10-846; 1952 Code Section 10-846; 1942 Code Section 855; 1932 Code Section 855; Civ. P. '22 Section 803; Civ. C. '12 Section 4180; Civ. C. '02 Section 3076; G. S. 2409; R. S. 2528; 1759 (4) 88; 1952 (47) 1688.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-470. Prisoner shall be remanded for refusal to assign.

In case any such debtor shall neglect or refuse within a reasonable time to comply with his oath as set out in Section 15-17-440 and the provisions of Sections 15-17-450 and 15-17-460 the judge of the court, upon application upon oath of the assignee or assignees, may again remand the debtor to prison, unless good cause shall be shown by him to the contrary, until he shall fully comply with the terms of his oath and those sections.
HISTORY: 1962 Code Section 10-847; 1952 Code Section 10-847; 1942 Code Section 856; 1932 Code Section 856; Civ. P. '22 Section 804; Civ. C. '12 Section 4181; Civ. C. '02 Section 3077; G. S. 2410; R. S. 2529; 1759 (4) 88; 1952 (47) 1688.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-480. Penalty for false schedules.

Any person who shall deliver in a false schedule of his effects shall suffer the penalties of wilful perjury and shall be liable to be arrested again for the same action.
HISTORY: 1962 Code Section 10-848; 1952 Code Section 10-848; 1942 Code Section 857; 1932 Code Section 857; Civ. P. '22 Section 805; Civ. C. '12 Section 4182; Civ. C. '02 Section 3078; G. S. 2411; R. S. 2530; 1759 (4) 93; 1788 (5) 79; 1952 (47) 1688.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-490. Summoning jury in cases of alleged fraud.

Whenever a debtor in custody under the provisions of this chapter shall be accused by the plaintiff (a) of fraud, (b) of having given an undue preference to one creditor to the prejudice of another or (c) of having made a false return, the clerk of the circuit court, who shall hear the prisoner's application, may place the names of twenty-four persons qualified as jurors in a box and from them draw eighteen and direct the sheriff of the county to summon the eighteen whose names shall be thus drawn to attend at the place where the prisoner is confined and at such time as the clerk shall appoint. In the same manner from them shall be drawn twelve, who shall be empaneled to try the facts required by this article.
HISTORY: 1962 Code Section 10-849; 1952 Code Section 10-849; 1942 Code Section 858; 1932 Code Section 858; Civ. P. '22 Section 806; Civ. C. '12 Section 4183; Civ. C. '02 Section 3079; G. S. 2412; R. S. 2531; 1833 (6) 491.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-500. Filling vacancies in jury panel.

If from the eighteen persons so summoned twelve cannot from any cause be empaneled then the clerk may complete that number from the other freeholders originally selected.
HISTORY: 1962 Code Section 10-850; 1952 Code Section 10-850; 1942 Code Section 859; 1932 Code Section 859; Civ. P. '22 Section 807; Civ. C. '12 Section 4184; Civ. C. '02 Section 3080; G. S. 2413; R. S. 2532; 1833 (6) 491.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-510. Liability for nonattendance of jurors.

The freeholders so summoned shall be liable to the same objections to be made by either party in the case which may be made to jurors in the court of common pleas and shall be liable to the same fines for nonattendance without sufficient cause to which jurors are for nonattendance at the courts. Such fines shall be imposed by the court of common pleas of the county. It shall be the duty of the clerk to return to the court the names of the freeholders who shall so neglect to attend, to be proceeded against as in the case of nonattending jurors.
HISTORY: 1962 Code Section 10-851; 1952 Code Section 10-851; 1942 Code Section 860; 1932 Code Section 860; Civ. P. '22 Section 808; Civ. C. '12 Section 4185; Civ. C. '02 Section 3081; G. S. 2414; R. S. 2533; 1833 (6) 492.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-520. Issues on exceptions to clerk's rulings shall be summarily heard by judge.

In case exceptions be taken to any order or ruling of the clerk while discharging the duties imposed by this article, the issues therein may be summarily heard and tried by the judge of the circuit or by any circuit judge then holding the courts in such circuit or, if there be no judge within such circuit, by any other circuit judge named in the notice for such hearing.
HISTORY: 1962 Code Section 10-852; 1952 Code Section 10-852; 1942 Code Section 861; 1932 Code Section 861; Civ. P. '22 Section 809; Civ. C. '12 Section 4186; Civ. C. '02 Section 3082; G. S. 2415; R. S. 2534.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-530. Fees allowed clerk for hearing application.

The clerk who may hear and determine the application of a debtor for the benefit of the provisions of this article shall, if the application be unlitigated, be entitled to receive as a compensation for his services the sum of two dollars out of the property that may be assigned, and whenever the application is litigated the clerk shall be entitled to receive the sum of four dollars as a compensation for his services out of the property of the debtor if the final decision be against him, but if it be in his favor, then such sum shall be paid by the plaintiff.
HISTORY: 1962 Code Section 10-853; 1952 Code Section 10-853; 1942 Code Section 862; 1932 Code Section 862; Civ. P. '22 Section 810; Civ. C. '12 Section 4187; Civ. C. '02 Section 3083; G. S. 2416; R. S. 2535; 1833 (6) 491.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-540. Fees allowed sheriff.

The sheriff shall receive the sum of five dollars as a compensation for summoning the freeholders, to be paid out of the property of the debtor, if his application be refused, and, if granted, to be paid by the plaintiff.
HISTORY: 1962 Code Section 10-854; 1952 Code Section 10-854; 1942 Code Section 863; 1932 Code Section 863; Civ. P. '22 Section 811; Civ. C. '12 Section 4188; Civ. C. '02 Section 3084; G. S. 2417; R. S. 2536; 1833 (6) 491.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-550. Proceedings in cases of appeal.

If the verdict of the jury provided in Section 15-17-490 is in favor of the debtor and the plaintiff should appeal, the debtor shall be entitled to be discharged from confinement on his giving bond and sufficient sureties to the plaintiff to be forthcoming and to abide by the decision of the court of appeals or the Supreme Court. If the appeal shall be determined against the debtor and he be not surrendered, which the surety may do, before the first day of the circuit court next succeeding the determination of the appeal, then the clerk of the court, on the application of the plaintiff or his agent, shall issue an order on the bond against the prisoner and his sureties, as in cases of estreated recognizances. But if the prisoner should appear or be surrendered, as aforesaid, then the clerk shall proceed with the case as provided in the preceding sections.
HISTORY: 1962 Code Section 10-855; 1952 Code Section 10-855; 1942 Code Section 864; 1932 Code Section 864; Civ. p. '22 Section 812; Civ. C. '12 Section 4189; Civ. C. '02 Section 3085; G. S. 2418; R. S. 2537; 1833 (6) 491; 1999 Act No. 55, Section 20.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-560. Creditors allowed to examine applicants for discharge; penalty for refusal to answer.

Any creditor of any person applying for the benefit of this article, either in person or by attorney, may examine and cross-examine such applicant on oath in the presence of the judge or the clerk of the court before whom he shall move for his discharge from imprisonment, touching the truth of his schedule and touching the nature and extent of his property, rights and credits liable to be assigned for the benefit of his creditors. And the refusal of any such applicant to answer, fully and directly, all or any proper questions put to him in the course of such examination shall prevent his discharge, if otherwise entitled thereto, until he shall have fully answered such questions.
HISTORY: 1962 Code Section 10-856; 1952 Code Section 10-856; 1942 Code Section 865; 1932 Code Section 865; Civ. P. '22 Section 813; Civ. C. '12 Section 4190; Civ. C. '02 Section 3086; G. S. 2419; R. S. 2538; 1836 (6) 556.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-570. Debtor required to produce books.

If on such examination it should appear that the debtor has kept books in relation to his trade, profession or occupation he shall be required to produce them, if in his possession or power. On failure to do so he shall be deprived of his discharge until he shall produce such books.
HISTORY: 1962 Code Section 10-857; 1952 Code Section 10-857; 1942 Code Section 866; 1932 Code Section 866; Civ. C. '22 Section 814; Civ. C. '12 Section 4191; Civ. C. '02 Section 3087; G. S. 2420; R. S. 2539; 1836 (6) 556.
2023 South Carolina Code of Laws › Title 15 - Civil Remedies and Procedures › Chapter 17 - Arrest And Bail In Civil Actions › Section 15-17-580. Submission of issues to jury already empaneled.

Nothing contained in this article shall be construed to deprive a judge, sitting in open court, of the power to submit to the jury already empaneled all issues arising under Section 15-17-490. But in all cases in which the plaintiff shall appeal the defendant shall be entitled to his enlargement, pending the appeal, on the terms prescribed in Section 15-17-550.
HISTORY: 1962 Code Section 10-858; 1952 Code Section 10-858; 1942 Code Section 867; 1932 Code Section 867; Civ. P. '22 Section 815; Civ. C. '12 Section 4192; Civ. C. '02 Section 3088; G. S. 2421; R. S. 2540; 1833 (6) 493.