reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 15 - Court Stenographers And Bailiffs › Section 14-15-50. Rules for stenographers in the seventh circuit.

The resident circuit judge of the seventh judicial circuit may appoint some competent stenographer for the courts of general sessions for the seventh judicial circuit, who shall receive, in addition to his salary, the fees fixed by law for all transcripts furnished by him.
When the stenographer of the court of common pleas does not furnish transcripts as promptly as required by law and otherwise perform his duties, then the stenographer of the court of general sessions shall at once perform the duties of the stenographer of the court of common pleas until the stenographer of the court of common pleas shall have furnished all transcripts required and the stenographer of the court of general sessions shall receive the compensation and the fees of the stenographer of the court of common pleas while performing the duties as aforesaid.
HISTORY: 1962 Code Section 15-1904; 1952 Code Section 15-1904; 1942 Code Section 57; 1932 Code Sections 57, 987; Civ. P. '22 Sections 55, 78; Civ. P. '12 Section 24; Civ. P. '02 Section 24; 1914 (28) 602; 1916 (29) 695; 1889 (20) 359; 1896 (22) 25; 1898 (22) 685; 1899 (23) 35; 1906 (25) 48, 49; 1908 (25) 1011; 1913 (38) 30; 1916 (29) 695; 1917 (30) 137; 1919 (31) 186; 1922 (32) 815; 1931 (37) 256; 1933 (38) 189; 1934 (38) 1240; 1935 (39) 405; 1937 (40) 106; 1941 (42) 118; 1951 (47) 506.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 15 - Court Stenographers And Bailiffs › Section 14-15-60. Appointment and compensation of special stenographers.

The circuit judges of this State may appoint a special court stenographer to act in the place and stead of the regular court stenographer in case of the sickness, absence or inability to act of the regular court stenographer at any term or part of a term of either the court of common pleas or general sessions. Such stenographer, when so appointed, shall receive not more than the sum of seven and one-half dollars per day for each day he may be in attendance upon the court. The presiding judge shall certify the number of days any such special stenographer may be engaged in the court as such and upon this certificate the Comptroller General shall draw his warrant upon the State Treasurer for the amount due such stenographer for his services and the said State Treasurer may pay the same.
HISTORY: 1962 Code Section 15-1905; 1952 Code Section 15-1905; 1942 Code Section 597; 1932 Code Section 597; Civ. C. '22 Section 537; Civ. P. '12 Section 316; 1908 (25) 1012.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 15 - Court Stenographers And Bailiffs › Section 14-15-70. Stenographer for special term of court.

The presiding judge at any special term of the circuit court may, when the official stenographer is performing the duties of his office at a court then being held in some other county of the circuit, appoint a stenographer for such term of the court who shall perform the duties of the office of court stenographer for such term.
HISTORY: 1962 Code Section 15-1906; 1952 Code Section 15-1906; 1942 Code Section 48; 1932 Code Section 48; Civ. P. '22 Section 46; Civ. C. '12 Section 3845; Civ. C. '02 Section 2748; 1900 (23) 329.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 15 - Court Stenographers And Bailiffs › Section 14-15-80. Compensation of stenographer appointed for special term of court.

The stenographer appointed under the provision of Section 14-15-70 shall receive the same compensation as that allowed by law to the official stenographer in proportion to the time of service, to be paid out of the county treasury upon the warrant of the clerk of the court, approved by the presiding judge, and also the usual fees for copies of testimony and reports of court proceedings to be paid by the parties ordering the same.
HISTORY: 1962 Code Section 15-1907; 1952 Code Section 15-1907; 1942 Code Section 49; 1932 Code Section 49; Civ. P. '22 Section 47; Civ. C. '12 Section 3846; Civ. C. '02 Section 2749; 1900 (23) 329.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 15 - Court Stenographers And Bailiffs › Section 14-15-210. Bailiffs; appointment, number and removal.

The sheriffs of the respective counties in this State shall be empowered to appoint as many bailiffs as they see fit, not to exceed five in number, whose duties shall be as now provided by law. The bailiffs may be removed, increased or decreased by the circuit judge within his discretion.
HISTORY: 1962 Code Section 15-1921; 1952 Code Section 15-1921; 1942 Code Section 3518; 1932 Code Section 3518; Civ. C. '22 Section 2061; Civ. C. '12 Section 1168; 1907 (25) 543; 1917 (30) 130; 1932 (37) 1170; 1933 (38) 53, 205, 405; 1934 (38) 1270; 1937 (40) 190; 1958 (50) 1558.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-10. Election for clerk of court of common pleas.

There shall be an election for clerk of the court of common pleas in each county by the qualified voters thereof at each alternate general election, reckoning from the election in the year 1960.
HISTORY: 1962 Code Section 15-1701; 1952 Code Section 15-1701; 1942 Code Section 3577; 1932 Code Section 3577; Civ. C. '22 Section 2121; Civ. C. '12 Section 1300; Civ. C. '02 Section 902; 1882 (17) 1125; Const. V, 27; 1897 (22) 591.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-20. Clerk of court of common pleas to be clerk of all courts of record.

The clerk of the court of common pleas elected in each county pursuant to Section 14-17-10 is ex officio clerk of the court of general sessions, the family court, and all other courts of record in the county except as may be provided by the law establishing the other courts.
HISTORY: 1962 Code Section 15-1703; 1952 Code Section 15-1703; 1942 Code Section 3578; 1932 Code Section 3578; Civ. C. '22 Section 2122; Civ. C. '12 Section 1301; Civ. C. '02 Section 903; G. S. 759; R. S. 775; 1884 (18) 744; 1961 (52) 605; 1988 Act No. 630, eff June 2, 1988.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-30. Vacancies; when probate judge shall act.

In the event of any vacancy in the office of clerk the Governor shall have full power to fill it by appointment as provided in Section 4-11-20. Until such vacancy be filled by appointment or election the judge of probate of the county shall take charge of the office and all of the papers therein, discharge the duties and receive the fees thereof, and be subject to all its liabilities as provided by law.
HISTORY: 1962 Code Section 15-1704; 1952 Code Section 15-1704; 1942 Code Section 3573; 1932 Code Section 3578; Civ. C. '22 Section 2122; Civ. C. '12 Section 1301; Civ. C. '02 Section 903; G. S. 759; R. S. 775; 1882 (17) 1126 Section 75; 1884 (18) 744.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-40. Bond.

Before receiving their commissions the several clerks shall enter into bond, to be approved, recorded and filed as prescribed in Sections 8-3-130 to 8-3-150 in the penal sum of ten thousand dollars.
HISTORY: 1962 Code Section 15-1705; 1952 Code Section 15-1705; 1942 Code Section 3579; 1932 Code Section 3579; Civ. C. '22 Section 2123; Civ. C. '12 Section 1302; 1905 (24) 902; 1907 (25) 652; 1919 (31) 75; 1930 (36) 1173; 1931 (37) 66; 1936 (39) 1314.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-50. Official oaths; commission shall be read and entered in journal.

The clerk before entering on the duties of his office shall, in addition to the oath of office prescribed by the Constitution, take the oaths required of such officer by Section 8-3-20. Said oaths must be endorsed upon the commission, subscribed by the officer and attested by a magistrate or notary public of the county for which the clerk shall have been elected or appointed. At the opening of the first term of the court which may be held thereafter the clerk shall produce his commission, with the endorsement aforesaid, and after the same has been read in open court shall make a fair entry thereof in the journals of the court.
HISTORY: 1962 Code Section 15-1707; 1952 Code Section 15-1707; 1942 Code Section 3580; 1932 Code Section 3580; Civ. C. '22 Section 2124; Civ. C. '12 Section 1303; Civ. C. '02 Section 905; G. S. 724; R. S. 777; 1816 (6) 27; 1839 (11) 92; 1880 (17) 502.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-60. Deputy.

The clerk may appoint a deputy or deputies to be approved by the court of common pleas, a record of whose appointment shall be made in the clerk's office. Before entering on the duties of his appointment such deputy must take the oath prescribed by the Constitution. When so qualified the deputy may do and perform any and all of the duties appertaining to the office of his principal. Such appointment shall be evidenced by a certificate thereof, signed by the clerk, and shall continue during his pleasure. He may take such bond and security from his deputy as he shall deem necessary to secure the faithful discharge of the duties of the appointment but shall in all cases be answerable for the neglect of duty or misconduct in office of his deputy.
HISTORY: 1962 Code Section 15-1708; 1952 Code Section 15-1708; 1942 Code Section 3581; 1932 Code Section 3581; Civ. C.'22 Section 2125; Civ. C. '12 Section 1304; Civ. C. '02 Section 906; G. S. 723, 726, 727; R. S. 778; Code Pro. Section 33; 1870 (14) 332 Sections 2, 3; 1919 (30) 872.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-70. Procurement of seal and blank books.

Each clerk's office shall be furnished with a seal of office and such blank books for the various records as may be needed from time to time, to be procured by the clerk and the expenses thereof defrayed by the governing body of the county.
HISTORY: 1962 Code Section 15-1710; 1952 Code Section 15-1710; 1942 Code Section 3583; 1932 Code Section 3583; Civ. C. '22 Section 2127; Civ. C. '12 Section 1306; Civ. C. '02 Section 908; G. S. 729; R. S. 780; 1839 (11) 100 Section 5; 1961 (52) 46.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-210. Clerk shall have charge of courthouse; penalty for keeping courthouse open at night.

Every clerk shall have charge of the courthouse within his county, open the same when required for public use and at all other times keep it closed. For every night any courthouse shall be kept open the clerk shall be liable to a penalty of five dollars for the use of the county, to be recovered by indictment.
HISTORY: 1962 Code Section 15-1721; 1952 Code Section 15-1721; 1942 Code Section 3584; 1932 Code Sections 1582, 3584; Civ. C. '22 Section 2128; Civ. C. '12 Section 1307; Civ. C. '02 Section 909; Cr. C. '22 Section 535; G. S. 730; R. S. 781; 1839 (11) 101 Section 6.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-220. Clerk shall keep constant attendance at office and discharge all duties.

Every clerk shall, except on public holidays, give constant attendance, either personally or by deputy, in his office, which shall be kept in a room provided for that purpose in the courthouse. He shall discharge all the duties required by law or the rules of court, from time to time, or that may be incident to the office.
HISTORY: 1962 Code Section 15-1722; 1952 Code Section 15-1722; 1942 Code Section 3582; 1932 Code Section 3582; Civ. C. '22 Section 2126; Civ. C. '12 Section 1305; Civ. C. '02 Section 907; G. S. 728; R. S. 779; 1839 (11) 100 Section 4.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-230. Clerks may act as attorneys and solicitors in other counties.

Clerks may act as attorneys and solicitors in all the courts in the State, except in the courts of their respective counties, provided they shall have complied with the requirements of law regulating the admission of persons to practice as attorneys, solicitors and counselors in the courts of this State.
HISTORY: 1962 Code Section 15-1723; 1952 Code Section 15-1723; 1942 Code Section 3591; 1932 Code Section 3591; Civ. C. '22 Section 2135; Civ. C. '12 Section 1314; Civ. C. '02 Section 916; G. S. 737; R. S. 788; 1871 (14) 538.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-240. Clerk shall not act as sheriff or deputy sheriff.

Clerks shall not act as sheriffs or deputy sheriffs, except as provided by Section 23-11-100.
HISTORY: 1962 Code Section 15-1724; 1952 Code Section 15-1724; 1942 Code Section 3592; 1932 Code Section 3592; Civ. C. '22 Section 2136; Civ. C. '12 Section 1315; Civ. C. '02 Section 917; G. S. 738; R. S. 789; 1839 (11) 112 Section 32.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-250. General powers of clerks; proceedings under orders to be filed.

Clerks may administer oaths and take depositions, affidavits and renunciations of dower. The clerk of any county in which the office of master does not exist may, by consent of parties, sign orders of reference in vacation and may also, upon proper proceedings filed, grant orders for the partition of real or personal estate and for the admeasurement of dower in cases where the right of partition or dower is not contested or the same has been ascertained by a decree of the court. All proceedings under such orders shall be filed at the next succeeding term of the court for the adjudication of the presiding judge, until which adjudication all equities of the parties shall be reserved.
HISTORY: 1962 Code Section 15-1726; 1952 Code Section 15-1726; 1942 Code Section 3590; 1932 Code Section 3590; Civ. C. '22 Section 2134; Civ. C. '12 Section 1313; Civ. C. '02 Section 915; G. S. 736; R. S. 787; 1839 (11) 112 Section 32; 1884 (19) 835.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-260. Clerk shall issue all processes and sign all judgments.

The clerk shall
(a) issue every execution, bench warrant or other process issuable or directed to be issued by the courts of sessions, in the name of the Attorney General or solicitor of the circuit, (b) issue all rules and notices ordered in the common pleas, (c) attest in his own name under the seal of the court, all writs and processes issued either in the common pleas or sessions and (d) sign officially all judgments and state the time when each is signed and entered.
HISTORY: 1962 Code Section 15-1727; 1952 Code Section 15-1727; 1942 Code Section 3596; 1932 Code Section 3596; Civ. C. '22 Section 2140; Civ. C. '12 Section 1319; Civ. C. '02 Section 921; G. S. 743; R. S. 793; 1839 (11) 107 Section 16.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-270. Clerk shall witness and approve security for costs; form of undertaking.

Whenever security for costs may be ordered to be given or may be tendered by any plaintiff in vacation or in term time the clerk shall witness the signature of the surety and shall, in the first instance, judge of the sufficiency of the security. The form of the undertaking shall be according to law or the rule of the court on that subject if there be no law.
HISTORY: 1962 Code Section 15-1729; 1952 Code Section 15-1729; 1942 Code Section 3597; 1932 Code Section 3597; Civ. C. '22 Section 2141; Civ. C. '12 Section 1320; Civ. C. '02 Section 922; G. S. 743; R. S. 794; 1839 (11) 110 Section 22.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-280. Clerk shall permit entry of satisfaction of judgments and mortgages.

The clerk or the register of deeds, as the case may be, in whose office any judgment or mortgage may be of record, on the receipt of the fees, shall permit any judgment creditor or his or her attorney or any mortgagee, as the case may be, to enter satisfaction thereof. Or if any judge shall order satisfaction of any such judgment or mortgage the clerk shall enter of record such satisfaction accordingly.
HISTORY: 1962 Code Section 15-1730; 1952 Code Section 15-1730; 1942 Code Section 3599; 1932 Code Section 3599; Civ. C. '22 Section 2143; Civ. C. '12 Section 1322; Civ. C. '02 Section 924; G. S. 745; R. S. 1839 (11) 109 Section 19; 1997 Act No. 34, Section 1, eff January 1, 1998.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-290. Clerk shall enter renewals and satisfactions of executions.

Whenever any execution shall be returned for renewal or as satisfied by any sheriff the clerk shall enter such renewal or satisfaction in the appropriate column of the abstract book and in case of satisfaction shall enter the same on the original record. It shall not be lawful for the clerk to affix the seal of the court to any renewed execution unless the one previously issued shall have been delivered to him or unless authorized by a judge's order.
HISTORY: 1962 Code Section 15-1731; 1952 Code Section 15-1731; 1942 Code Section 3602; 1932 Code Section 3602; Civ. C. '22 Section 2146; Civ. C. '12 Section 1325; Civ. C. '02 Section 927; G. S. 748; R. S. 799; 1839 (11) 109 Section 19.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-300. Clerk shall execute laws respecting jurors.

The clerk shall diligently and uprightly put in execution the laws in force directing the drawing, balloting, empaneling and summoning of jurors, so far as his cooperation may be required.
HISTORY: 1962 Code Section 15-1732; 1952 Code Section 15-1732; 1942 Code Section 3593; 1932 Code Section 3593; Civ. C. '22 Section 2137; Civ. C. '12 Section 1316; Civ. C. '02 Section 918; G. S. 739; R. S. 790; 1839 (11) 105 Section 10; 1869 (14) 236 Section 7; 1871 (14) 690; 1939 (41) 27; 1941 (42) 70; 1943 (43) 263.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-310. Clerk shall make out roll of jurors and constables in attendance; certificates.

Immediately after the adjournment of any court of common pleas and general sessions the clerk thereof shall (a) make out a roll of the grand jurors, petit jurors and constables who shall have attended the same, exhibiting the name, time of service and amount due each juror and constable and the term at which the service was performed, (b) enter the same on the journals of the court of the term when such service shall be performed, (c) forthwith transmit to the governing body of the county a certified copy of such roll and (d) furnish each juror and constable with a certificate, in the following form:
STATE OF SOUTH CAROLINA: I, A. B. Clerk of the Court of Common Pleas and General Sessions for __________ County, in the said State, do certify that __________ attended as a __________ juror (or actually served as a constable, as the case may be) for said county __________ days at __________ Term, A. D. __________, and is entitled to receive for the same __________ dollars, and ___ cents.
Such certificate shall be signed by the clerk of court, who shall issue the same, and be countersigned by the sheriff of the county. All certificates so issued and executed shall be valid.
HISTORY: 1962 Code Section 15-1733; 1952 Code Section 15-1733; 1942 Code Section 3594; 1932 Code Section 3594; Civ. C. '22 Section 2138; Civ. C. '12 Section 1317; Civ. C. '02 Section 919; 1839 (11) 106 Section 14; 1878 (16) 412; 1937 (40) 392; 1938 (40) 1639.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-325. Clerk shall report disposition of each case in Court of General Sessions.

(A) Every clerk of court shall report the disposition of each case in the Court of General Sessions to the State Law Enforcement Division within five days of disposition, weekends and holidays excluded.
(B) Every clerk of court shall also report to the State Law Enforcement Division, within five days, the issuance, rescission, or termination of any:
(1) criminal indictments;
(2) permanent restraining orders;
(3) orders of state firearms prohibition pursuant to Section 16-25-30; and
(4) other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, but only upon being directed to transmit such orders by the appropriate judge. For any orders, the Court Administration must provide the form.
(C) The reporting required by this section must be in a format approved by the State Law Enforcement Division and Court Administration.
HISTORY: 1988 Act No. 351, Section 1, eff July 1, 1989; 2021 Act No. 66 (H.3094), Section 10.A, eff October 1, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
Effect of Amendment
2021 Act No. 66, Section 10.A, rewrote the section.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-330. Clerk shall keep record of all persons elected to office.

Each of the clerks of courts of the various counties in this State shall keep a book in his office in which he shall record the name of each person elected to any office, together with the date of their election whenever such facts are obtainable. Such book shall be furnished by the governing body of the county, without cost to the clerk of court.
HISTORY: 1962 Code Section 15-1736; 1952 Code Section 15-1736; 1942 Code Section 3622; 1932 Code Section 3622; Civ. C. '22 Section 2166; Civ. C. '12 Section 1342; 1905 (24) 964.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-340. Clerk shall administer oaths to magistrates and transmit list of magistrates' names to Secretary of State.

The clerk shall administer the oaths of office required to be taken by magistrates appointed within his county, on their application, within ninety days after such appointment. On the first day of November, annually, he shall transmit a list of the names of magistrates who have qualified during the preceding year to the office of the Secretary of State at Columbia.
HISTORY: 1962 Code Section 15-1737; 1952 Code Section 15-1737; 1942 Code Section 3603; 1932 Code Section 3603; Civ. C. '22 Section 2147; Civ. C. '12 Section 1326; Civ. C. '02 Section 928; G. S. 749; R. S. 800; 1839 (11) 112 Section 30.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-350. Clerk shall administer oath of office to constables; failure of constable to appear.

The clerk shall administer the oaths of office required by law to be taken by a constable, on his entering into bond, as prescribed, to be filed in the office of the clerk, of the sufficiency of the surety to which the clerk shall judge. The constable shall furnish a genuine signature of his name in the book prescribed, whereupon the clerk shall furnish an official certificate of such qualification. When any constable summoned in writing by the sheriff to attend court shall fail to appear, according to the summons, such default shall be noted by the clerk and such other proceedings had as in cases of jurors in default or as the court may order.
HISTORY: 1962 Code Section 15-1738; 1952 Code Section 15-1738; 1942 Code Section 3604; 1932 Code Section 3604; Civ. C. '22 Section 2148; Civ. C. '12 Section 1327; Civ. C. '02 Section 929; G. S. 750; R. S. 801; 1839 (11) 112 Section 31.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-360. Clerk shall furnish official certificates to certain officers.

When any sheriff, coroner, magistrate or constable shall be required to obtain the official certificate of any clerk to his contingent account, specifying any matters required by law to be certified, the clerk shall furnish such certificates, according to the facts, upon application and payment of fees.
HISTORY: 1962 Code Section 15-1739; 1952 Code Section 15-1739; 1942 Code Section 3606; 1932 Code Section 3606; Civ. C. '22 Section 2150; Civ. C. '12 Section 1329; Civ. C. '02 Section 931; G. S. 753; R. S. 803; 1838 (11) 113 Section 36.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-370. Clerk shall furnish certificates of liens on property of certain sureties.

The clerk shall furnish, free of charge, to the governing body of the county, when required, an official certificate of all liens that may be of record in his office on the property of any individual who may be offered as surety to the bond of any public officer, whether by judgment, mortgage or otherwise.
HISTORY: 1962 Code Section 15-1740; 1952 Code Section 15-1740; 1942 Code Section 3607; 1932 Code Section 3607; Civ. C. '22 Section 2151; Civ. C. '12 Section 1330; Civ. C. '02 Section 932; G. S. 754; R. S. 804; 1839 (11) 113 Section 37.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-510. Record of court proceedings; filing papers; preservation of papers and property.

The clerk shall make a full, fair and correct entry and record of the proceedings of the courts and other matters pertaining to his office in the various books required to be kept, conforming to the mode prescribed by law, order of the court or usage of the office. He shall file in their proper order original papers in causes instituted or other authorized proceedings and preserve with care all papers, books and furniture pertaining to or connected with his office.
HISTORY: 1962 Code Section 15-1761; 1952 Code Section 15-1761; 1942 Code Section 3582; 1932 Code Section 3582; Civ. C. '22 Section 2126; Civ. C. '12 Section 1305; Civ. C. '02 Section 907; G. S. 728; R. S. 779; 1839 (11) 100 Section 4.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-520. Procurement of filing cases.

The office of every clerk shall be furnished with suitable cases with proper partitions for filing papers, under appropriate labels.
HISTORY: 1962 Code Section 15-1763; 1952 Code Section 15-1763; 1942 Code Section 3583; 1932 Code Section 3583; Civ. C. '22 Section 2127; Civ. C. '12 Section 1306; Civ. C. '02 Section 908; G. S. 729; R. S. 780; 1839 (11) 100 Section 5; 1961 (52) 42.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-530. Filing and endorsement of papers.

The original papers of record in each cause wherein judgment may be signed or confessed or decree may be entered shall be filed according to the number of enrollment in the book of abstracts of judgments or decrees, placing all the papers in each cause together. Original papers in the sessions shall be filed according to the term at which they were disposed of, alphabetically arranged for each term according to defendants' names, all relating to the same cause together. Other papers required to be returned to or kept in the office shall be endorsed with the character, date of filing and number on file, numbering each kind from one onward and keeping all relating to the same matters together under the same number, and shall be filed according to date and number in appropriate boxes with suitable labels, put up in packages and dated according to the year in which they may be filed. Upon the envelope or card there shall be an endorsement of the description or kind of papers therein and reference to number under the following heads: Bonds in attachment, bonds of constables, certificates from the Supreme Court, appeals, commissions, inquests by the coroner, reports, etc., de lunatico inquirendo, naturalization, venire facias, dower, partition, escheats, affidavits, attachments for contempt and rules and sessions papers disposed of to be transferred after judgment when authorized. The following endorsements shall be made upon the record when the proceedings warrant it:
(1) On the judgment roll, the date when filed, number on docket, date and amount of judgment in figures, amount of taxed cost, judgment when signed, execution, date of issuing and, at the top at some conspicuous place, the number roll;
(2) On bills of indictment, the date and character of filing by grand jury, number on docket, arraignment, verdict or other disposition, date, amount of tax costs, execution, date of issuing and kind; and
(3) On all papers returned by magistrates in the sessions their character and date of filing.
On every execution before it leaves the clerk's office, shall be endorsed, near the top, the number roll or, if in the sessions, the term under which the case is filed and, in all instances when an execution is returned for renewal, the fact and date of such renewal shall be endorsed on the execution so returned and on the renewed execution shall be endorsed the date when first execution was lodged in the sheriff's office.
All original papers in dower, partition of real estate and inquisitions shall be filed according to number roll, the papers pertaining to each case being placed together and the number roll plainly endorsed on the envelope or outside paper and also the book and page of record.
HISTORY: 1962 Code Section 15-1764; 1952 Code Section 15-1764; 1942 Code Section 3585; 1932 Code Section 3585; Civ. C. '22 Section 2129; Civ. C. '12 Section 1308; Civ. C. '02 Section 910; G. S. 731; R. S. 782; 1839 (11) 101 Section 7.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-550. Entries on and preservation of calendars.

No cause shall be entered on the calendar except by the clerk or his deputy, nor by him until the pleadings are made up. The calendars for the court shall be regularly preserved as a record of the court.
HISTORY: 1962 Code Section 15-1769; 1952 Code Section 15-1769; 1942 Code Section 3586; 1932 Code Section 3586; Civ. C. '22 Section 2130; Civ. C. '12 Section 1309; Cr. C. '12 Section 73; Cr. C. '02 Section 46; Civ. C. '02 Section 911; G. S. 732; R. S. 783; 1839 (11) 103; 1850 (12) 70; 1896 (22) 122; 1900 (22) 442; 1911 (27) 86; 1935 (39) 273; 1940 (41) 1653.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-560. Size of books required to be kept.

The books mentioned in Section 14-17-540 shall be of the following sizes, respectively:
(1) Court of common pleas journal, general sessions journal, rules and fines and forfeitures, each of the size denominated "Demi," the journals containing not less than six quires each and the other books not less than three quires each;
(2) Calendars, sessions index, confessions of judgment before clerk, magistrates' and constables' roll, book of orders appointing receivers of judgment debtors and miscellaneous index, each of the size denominated "Board Cap," the first named containing not less than two quires and the remaining books not less than four quires each;
(3) Pleadings and judgments in a volume not less than the size denominated "Medium," containing not less than six quires;
(4) Abstract of judgments of the size denominated "Super Royal," containing not less than four quires; and
(5) Indexes to the preceding volumes of the size denominated "Long Demi," containing not less than six quires.
HISTORY: 1962 Code Section 15-1770; 1952 Code Section 15-1770; 1942 Code Section 3587; 1932 Code Section 3587; Civ. C. '22 Section 2131; Civ. C. '12 Section 1310; Civ. C. '02 Section 912; G. S. 733; R. S. 784; 1839 (11) 105 Section 8.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-570. Books and records shall remain in clerk's office; inspection; copies.

The clerk shall not in any case permit either the books or records to be removed from his office, though he shall at all times permit either party to a suit, or his agent or attorney, to inspect or copy, during the pendency of suit, any papers pertaining thereto without charge or to furnish on application certified copies thereof on payment of fees per copy sheet.
HISTORY: 1962 Code Section 15-1771; 1952 Code Section 15-1771; 1942 Code Section 3589; 1932 Code Section 3589; Civ. C. '22 Section 2133; Civ. C. '12 Section 1312; Civ. C. '02 Section 914; G. S. 735; R. S. 786; 1839 (11) 105 Section 9.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-580. Clerk is responsible for books, papers, and other property; transfer to successor.

Every clerk shall be held responsible for the books, papers and furniture in his office. Upon his retiring from office or upon his death, he or his representative shall be bound to transfer the same to his successor immediately after such successor has entered upon the duties of his office, under a penalty of one thousand dollars and imprisonment not exceeding one year for failure so to do.
HISTORY: 1962 Code Section 15-1772; 1952 Code Section 15-1772; 1942 Code Section 1520; 1932 Code Section 1520; Cr. C. '22 Section 468; Cr. C. '12 Section 541; Cr. C. '02 Section 384; G. S. 757; R. S. 301; 1839 (11) 114.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-590. Receipt for books, papers, and furniture of office.

Before surrendering such books, papers and furniture, the clerk so retiring from office or his representative shall be entitled to require from such successor, who, under like penalty, shall be bound to execute the same, a receipt in writing therefor which shall specify the number, title and condition of every book, the number of records, as appears by the enrollment, and such other classification as it may be convenient to adopt from the arrangement of the office, all the packages of papers in office and the description and condition of each article of furniture. A duplicate of such receipt shall also be given and shall, by the clerk so retiring from office or his representatives, be filed in the office of the governing body of the county and every clerk having retired from office or his representative shall be liable to an action, in the name of the county, for damages to any books, papers and furniture which shall be proven to have been in his possession and shall not appear, by such receipt, to have been transferred to his successors or, having been so transferred, shall appear to have been, through neglect, injured during his continuance in office.
HISTORY: 1962 Code Section 15-1773; 1952 Code Section 15-1773; 1942 Code Section 3610; 1932 Code Section 3610; Civ. C. '22 Section 2154; Civ. C. '12 Section 1333; Civ. C. '02 Section 935; G. S. 757; R. S. 807; 1839 (11) 114 Section 41.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-595. Clerks of court may maintain records on computers; paper or microfilm records required in certain instances.

Notwithstanding the provisions of this article or any other provision of law, a public record required to be kept by a clerk of court including, but not limited to, a book, journal, index, paper, writing, written record, and written findings may be maintained in a computer system provided that a paper or microfilm record must be maintained on all permanently valuable records.
HISTORY: 1994 Act No. 412, Section 1, eff May 25, 1994.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-600. Judges shall require clerks to comply with Sections 14-17-540 and 14-17-550.

The circuit judge shall require the clerks of court to comply with the requirements of Sections 14-17-540 and 14-17-550.
HISTORY: 1962 Code Section 15-1774; 1952 Code Section 15-1774; 1942 Code Section 3586; 1932 Code Section 3586; Civ. C. '22 Section 2130; Civ. C. '12 Section 1309; Cr. C. '12 Section 73; Cr. C. '02 Section 46; Civ. C. '02 Section 911; G. S. 732; R. S. 783; 1839 (11) 103; 1850 (12) 70; 1896 (22) 122; 1900 (22) 442; 1911 (27) 86; 1935 (39) 273; 1940 (41) 1653.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-710. Accounts against county for fees in State cases.

In all cases the clerk shall render his account against the county for fees in State cases under oath, to be taken and subscribed before the judge, magistrate or other office authorized to administer an oath. In such statement the nature of the services shall be fully set forth and, if in the sessions, the name of the party, offense and termination thereof. He shall not be entitled to receive any fees from the county in any case in which the defendant is convicted unless he makes oath that the costs in such case have not been recovered out of the defendant and that the defendant is unable to pay costs. And he must, in all cases, further make oath that all fines and penalties theretofore collected by him have been faithfully and fully paid over to the county treasurer.
HISTORY: 1962 Code Section 15-1781; 1952 Code Section 15-1781; 1942 Code Section 3605; 1932 Code Section 3605; Civ. C. '22 Section 2149; Civ. C. '12 Section 1328; Civ. C. '02 Section 930; G. S. 752; R. S. 802; 1839 (11) 113 Section 35; 1869 (14) 274 Section 2; 1875 (15) 992; 1879 (17) 175.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-720. Disposition of certain fines, penalties, and taxes.

All fines and penalties imposed and collected by the circuit court of general sessions in criminal causes shall be forthwith turned over by the clerk of such court to the county treasurer of the county wherein the same are imposed; provided, that when, by law, any person is entitled as informer to any portion of the fine or penalty imposed and collected the same shall be immediately paid over to him. They shall also pay, monthly, to the county treasurers of their respective counties, for the use of the State, all such moneys as may have come into their hands as taxes from persons representing, publicly, plays and shows within the limits of their counties.
HISTORY: 1962 Code Section 15-1782; 1952 Code Section 15-1782; 1942 Code Section 3611; 1932 Code Section 3611; Civ. C. '22 Section 2155; Civ. C. '12 Section 1334; Civ. C. '02 Section 936; G. S. 758; R. S. 808; 1871 (14) 655 Section 1; 1813 (5) 711 Section 35; 1843 (11) 246 Section 3; 1875 (15) 845.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-725. Collection cost imposed on installment payments of fines or restitution.

Where criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court, magistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund.
HISTORY: 1992 Act No. 435, Section 1, eff June 1, 1992; 1994 Act No. 497, Part II, Section 36I, eff January 1, 1995.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-730. Penalty for not paying over funds, fines, and forfeitures; penalty for failure to give notice to county.

If any clerk fail to pay over fines and forfeitures received by him or any moneys paid to him by order or permission of the court within five days after demand of the person entitled to receive the same, he shall forfeit and pay five per cent per month until the same shall be paid over, to be recovered, together with such amount received, by action on his official bond, besides being liable to rule and attachment as for contempt. If he shall fail to give to some member of the governing body of the county the notice required by law to be given he shall forfeit and pay double the amount so detained without notice.
HISTORY: 1962 Code Section 15-1783; 1952 Code Section 15-1783; 1942 Code Sections 3613, 3614; 1932 Code Sections 3613, 3614; Civ. C. '22 Sections 2157, 2158; Civ. C. '12 Sections 1336, 1337; Civ. C. '02 Sections 938, 939; G. S. 760, 761; R. S. 810, 811; 1839 (11) 111 Section 28.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-740. Annual accounts of fines and forfeitures; suit to recover upon failure to account.

The clerk shall return to the governing body of the county, on or before the last day of October in every year, an account, upon oath, in duplicate, of all fines and forfeitures inflicted in his court during the preceding year and of the amounts had and received by him and of the manner in which such fines were disposed of, under penalty of two hundred dollars, to be recovered against any clerk for default herein by action. The governing body of the county shall request the Attorney General or solicitor, as the case may be, to sue for and recover such sum of every clerk that may fail to render such account.
HISTORY: 1962 Code Section 15-1784; 1952 Code Section 15-1784; 1942 Code Section 3609; 1932 Code Section 3609; Civ. C. '22 Section 2153; Civ. C. '12 Section 1332; Civ. C. '02 Section 934; G. S. 756; R. S. 806; 1812 (5) 710 Section 27; 1819 (6) 139 Section 14.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-750. Clerk shall report all moneys collected; penalty for failure to report.

Every clerk of the court is required, on the first Wednesday in each month or within ten days thereafter, to make in writing to the auditor and treasurer of his county a full and accurate statement of all moneys collected on account of licenses, fines, penalties and forfeitures during the past month on pain of indictment and, in case of conviction, of being fined not more than one hundred dollars or imprisoned not more than two months or both, at the discretion of the court.
HISTORY: 1962 Code Section 15-1785; 1952 Code Section 15-1785; 1942 Code Section 1521; 1932 Code Section 1521; Cr. C. '22 Section 469; Cr. C. '12 Section 542; Cr. C. '02 Section 385; R. S. 302; G. S. 759; 1878 (16) 763.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 17 - Clerks Of Courts › Section 14-17-760. Clerk shall account for moneys at each session of common pleas.

At each stated session of the court of common pleas the clerk thereof shall present an account to the court of all moneys remaining therein or subject to the order thereof, stating particularly on account of what cause or causes such moneys are deposited, which account and the vouchers thereof shall be filed in court.
HISTORY: 1962 Code Section 15-1787; 1952 Code Section 15-1787; 1942 Code Section 3615; 1932 Code Section 3615; Civ. C. '22 Section 2159; Civ. C. '12 Section 1338; Civ. C. '02 Section 940; G. S. 762; R. S. 812; 1868 (16) 17.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-30. Election and term of judges.

The judges of the probate court shall be elected by the qualified electors of the respective counties for the term of four years. The election for such offices shall be held at each alternate general election, reckoning from the year 1890.
HISTORY: 1962 Code Section 15-403; 1952 Code Section 15-403; 1942 Code Section 3640; 1932 Code Section 3640; Civ. C. '22 Section 2184; Civ. C. '12 Section 1360; Civ. C. '02 Section 953; G. S. 771; R. S. 823; Const. Art. V Section 19; 1899 (20) 281; 1871 (14) 338.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-40. Bond and oaths.

Judges of probate before receiving their commission shall take the constitutional oath of office and the additional oaths required of such officers by Section 8-3-20 and shall enter into bond in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of the office, which shall be duly executed, approved, certified, recorded and filed as prescribed in Chapter 3 of Title 8. They shall qualify within thirty days after the election is declared.
HISTORY: 1962 Code Section 15-405; 1952 Code Section 15-405; 1942 Code Section 3645; 1932 Code Section 3645; Civ. C. '22 Section 2188; Civ. C. '12 Section 1364; Civ. C. '02 Section 957; 1868 (4) 19 Section 1; 1880 (17) 502; 1875 (16) 16; 1886 (19) 711; 1887 (19) 1127; 1890 (20) 720; 1896 (22) 15; 1898 (22) 695; 1905 (24) 902; 1919 (31) 75; 1927 (35) 358; 1929 (36) 33; 1930 (36) 1377.
Editor's Note
Attention is directed to the fact that the bond requirements of this section have been superseded by Section 14-23-1050.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-50. Filling of vacancies.

Vacancies for unexpired terms in the offices of judge of probate may be filled by the Governor with the advice and consent of the Senate, even though the unexpired term exceeds one year. Such appointments shall be for the unexpired term, however if the unexpired term from the date the vacancy occurs exceeds three years the appointment shall be until the next general election, at which time a successor shall be elected to fill the unexpired term.
HISTORY: 1962 Code Section 15-407; 1952 Code Section 15-407; 1942 Code Section 3641; 1933 (38) 274; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-60. Clerk of court shall act until vacancy filled.

In case of any such vacancy the clerk of the circuit court of the county shall take charge of the office and all papers therein, discharge the same duties, receive the same fees and be subject to the same liabilities as by law provided for a judge of probate, until such vacancy shall be filled by appointment of the Governor or by an election, as the case may be.
HISTORY: 1962 Code Section 15-408; 1952 Code Section 15-408; 1942 Code Section 3642; 1932 Code Section 3642; Civ. C. '22 Section 2186; Civ. C. '12 Section 1362; Civ. C. '02 Section 955; G. S. 746; R. S. 825; 1884 (18) 744.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-210. Appointment of times and places for holding courts; notice to interested parties.

Except as provided in Section 14-23-10 the probate court in each county shall appoint such times and places for holding court or for hearing any special matter as shall be judged most convenient for all persons interested and shall give notice of such times and places to the parties interested.
HISTORY: 1962 Code Section 15-441; 1952 Code Section 15-441; 1942 Code Section 224; 1932 Code Section 224; Civ. P. '22 Section 182; Civ. P. '12 Section 58; Civ. P. '02 Section 52; 1870 (14) Section 52; 1873 (15) 496.
Editor's Note
This section should be read in conjunction with Section 14-23-1010.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-220. Court open at all times for certain business.

The probate court shall be deemed open at all times for the transaction of ordinary business which may be necessary, when previous notice is not required to be given to the persons interested.
HISTORY: 1962 Code Section 15-442; 1952 Code Section 15-442; 1942 Code Section 225; 1932 Code Section 225; Civ. P. '22 Section 183; Civ. P. '12 Section 59; Civ. P. '02 Section 53; 1870 (14) Section 53.
Editor's Note
This section should be read in conjunction with Section 14-23-1010.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-230. Adjournment of court.

A probate court may be adjourned as occasion may require. When the judge is absent at the time for holding a court the clerk may adjourn it.
HISTORY: 1962 Code Section 15-443; 1952 Code Section 15-443; 1942 Code Section 226; 1932 Code Section 226; Civ. P. '22 Section 184; Civ. P. '12 Section 60; Civ. P. '02 Section 54; 1870 (14) Section 54.
2023 South Carolina Code of Laws › Title 14 - Courts › Chapter 23 - Probate Courts › Section 14-23-250. Jurisdiction once acquired is exclusive.

When any probate court shall have first taken cognizance of the settlement of the estate of a deceased person, such court shall have jurisdiction of the disposition and settlement of all the personal estate of such deceased person to the exclusion of all other probate courts.
HISTORY: 1962 Code Section 15-445; 1952 Code Section 15-445; 1942 Code Section 220; 1932 Code Section 220; Civ. P. '22 Section 178; Civ. P. '12 Section 54; Civ. P. '02 Section 48; 1870 (14) Section 48.