reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-40. Earnings and income of married women.

All the earnings and income of a married woman shall be her own separate estate and shall be governed by the same provisions of law as apply to her other separate estate.
HISTORY: 1962 Code Section 20-204; 1952 Code Section 20-204; 1942 Code Section 8573; 1932 Code Section 8573; Civ. C. '22 Section 5538; Civ. C. '12 Section 3759; Civ. C. '02 Section 2666; R. S. 2165; 1887 (19) 819.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-50. Requisites of marriage contracts, deeds, and settlements.

All marriage contracts, deeds and settlements shall therein describe, specify and particularize the real and personal estate thereby intended to be included, comprehended, conveyed and passed or shall have a schedule thereto annexed containing a description and the particulars and articles of the real and personal estate intended to be conveyed and passed by such marriage contracts, deeds and settlements. Any such schedule shall be annexed to the contract, deed or other settlement paper, signed, executed and delivered by the parties therein interested at the time of the signing, executing and delivering the marriage contract, deed or settlement, be subscribed by the same witness who subscribed the marriage contract, deed or settlement and be recorded therewith; otherwise, and in default of such schedule and recording thereof as aforesaid, the marriage contract, deed or settlement shall be deemed and declared to be fraudulent, null and void with respect to and against creditors and bona fide purchasers or mortgagees.
HISTORY: 1962 Code Section 20-205; 1952 Code Section 20-205; 1942 Code Section 8576; 1932 Code Section 8576; Civ. C. '22 Section 5541; Civ. C. '12 Section 3762; Civ. C. '02 Section 2669; G. S. 2038; R. S. 2168; 1792 (5) 203.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-60. Husband shall not be liable for wife's debts.

A husband shall not be liable for the debts of his wife contracted prior to or after their marriage, except for her necessary support and that of their minor children residing with her.
HISTORY: 1962 Code Section 20-206; 1952 Code Section 20-206; 1942 Code Section 8575; 1932 Code Section 8575; Civ. C. '22 Section 5540; Civ. C. '12 Section 3761; Civ. C. '02 Section 2668; G. S. 2037; R. S. 2167; 1897 (20) 1121; Const. 1895 Art. 17 Section 9.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-70. Liability of husband in suit brought against wife.

Neither a husband nor his property shall be liable for any recovery against his wife in any suit brought against her. Judgment in any such suit may be enforced by execution against her sole and separate estate in the same manner as if she were sole.
HISTORY: 1962 Code Section 20-207; 1952 Code Section 20-207; 1942 Code Section 400; 1932 Code Section 400; Civ. P. '22 Section 357; Civ. P. '12 Section 163; Civ. P. '02 Section 135; 1870 (14) 137; 1925 (34) 263.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-80. Validation of certain deeds subsequent to April 16, 1868.

All deeds and conveyances made since April 16, 1868, whereby lands and tenements which were the estate of their husbands have been conveyed to married women and which have been duly recorded in the office of the register of deeds or clerk of court for the county in which such lands and tenements are situate shall be deemed good and effectual in the law, to all intents and purposes, as if the same had been recorded in the office of the Secretary of State within the time prescribed by law, anything to the contrary thereof in any wise notwithstanding.
HISTORY: 1962 Code Section 20-208; 1952 Code Section 20-208; 1942 Code Section 8884; 1932 Code Section 8884; Civ. C. '22 Section 5315; Civ. C. '12 Section 3545; Civ. C. '02 Section 2459; G. S. 1779; R. S. 1971.
2023 South Carolina Code of Laws › Title 21 - Estates, Trusts, Guardians and Fiduciaries › Chapter 21 - Natural And Parentally Appointed Guardians › Section 21-21-25. Disposition of custody of minors.

The father of any child under the age of twenty-one years and not married, if the mother is dead, or the mother of any such child, the father being dead, whether the father or mother is under the age of twenty-one years, or of full age, may by deed executed and recorded according to law or by last will and testament, made and probated according to law, dispose of the custody and tuition of the child while he remains under the age of twenty-one years to any other person, in possession or remainder. No deed is valid unless signed by both father and mother, if both are living and no such deed, except a deed to an agency or department of this State authorized by law to receive or place the custody of children, is effective unless approved upon petition by a family court or family court judge of this State. Nothing in this section may be construed to abrogate, lessen, or interfere with the right and duty of a court of competent jurisdiction at any time to transfer and assign the custody of a child for its best interest.
HISTORY: 1987 Act No. 171, Section 87.
2023 South Carolina Code of Laws › Title 21 - Estates, Trusts, Guardians and Fiduciaries › Chapter 21 - Natural And Parentally Appointed Guardians › Section 21-21-35. Persons against whom disposition of custody is valid.

The disposition of the custody of the child as provided in Section 21-21-25 is effective against any person claiming the custody of the child as guardian.
HISTORY: 1987 Act No. 171, Section 88.
2023 South Carolina Code of Laws › Title 21 - Estates, Trusts, Guardians and Fiduciaries › Chapter 21 - Natural And Parentally Appointed Guardians › Section 21-21-45. Action by custodian for recovery of children and damages.

Any person to whom the custody of any child has been so disposed or devised may maintain an action against any person who wrongfully takes away or detains the child for the recovery of the child and may recover damages in the action for benefit of the child.
HISTORY: 1987 Act No. 171, Section 89.
2023 South Carolina Code of Laws › Title 21 - Estates, Trusts, Guardians and Fiduciaries › Chapter 21 - Natural And Parentally Appointed Guardians › Section 21-21-55. Possession of property conveyed, devised, or bequeathed to child.

Any person to whom the custody of any child has been so disposed or devised may take into his possession to and for the use, support, and education of the child all property, real and personal, which by deed or will has been conveyed, devised, or bequeathed to the child, until he attains the age of twenty-one years or for a lesser time as may be fixed by the deed or will, and may receive and receipt for the proceeds of any life insurance taken out by the parent for the benefit of the child and do all acts in relation to the child which a guardian appointed according to law might do. The family court may, in its discretion, require a return of the property and an annual accounting for the rents, profits, and income of the property.
HISTORY: 1987 Act No. 171, Section 90.
2023 South Carolina Code of Laws › Title 21 - Estates, Trusts, Guardians and Fiduciaries › Chapter 29 - Trust Companies › Section 21-29-90. Affiliated trust company defined.

(A) For the purposes of this section, an "affiliated trust company" is a trust company that is owned by the bank which has designated it as an agent or is owned, directly or indirectly, by the same bank holding company that owns, directly or indirectly, the bank which has designated it as an agent.
(B) Any bank is authorized to designate an affiliated trust company as its agent for the performance of all acts, obligations, and responsibilities of the bank with respect to any fiduciary or other services generally rendered by bank trust departments. In that event, the bank remains fully responsible and liable with respect to all actions of the affiliated trust company as if performed by the bank itself. No such agency relationship:
(1) may be considered an impermissible delegation of responsibility or duty by the bank; or
(2) constitutes a resignation or disqualification of the bank as fiduciary or a relinquishment of trust powers by the bank.
HISTORY: 1987 Act No. 106, Section 1.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-15. Magistrates presently serving.

(A) The provisions of Section 22-1-10(B) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate holding office after January 1, 1989, must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and a magistrate's violation of this subsection terminates his term of office.
(B) The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office.
(C) The provisions of Section 22-1-10(B)(2)(b) do not apply to a magistrate serving on June 30, 2005, during his tenure in office, and do not apply to a magistrate serving after June 30, 2005, who retires and is reappointed within one year of the date of his retirement and during his tenure in office for the new appointment.
HISTORY: 1988 Act No. 678, Part I, Section 5; 2000 Act No. 226, Section 5; 2000 Act No. 257, Section 9; 2012 Act No. 278, Pt VI, Section 70, eff July 1, 2012.
Effect of Amendment
The 2012 amendment rewrote subsection (C).
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-16. Trial observation requirement for new magistrates who are not attorneys.

(A) A magistrate whose initial appointment begins on or after July 1, 2001, and who is not an attorney licensed in this State at the time of his initial appointment may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate must state the name of the proceeding, the dates and the tribunals involved, and must be attested to by the judge conducting the proceeding.
(B) The required trial experiences must include the following:
(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;
(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;
(3) one criminal jury trial in circuit court; and
(4) one civil jury trial in circuit court.
(C) The trial observations may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate.
HISTORY: 2000 Act No. 226, Section 6.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-17. Continuing education.

(A) The South Carolina Court Administration is authorized to establish and determine the number of contact hours to be completed in a continuing education program of two years available to a magistrate who has successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates.
(B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates. The technical college system may assess a reasonable fee for each participant in the program in order to pay for the program's expenses.
(C) The funding for this program shall be provided from fees and costs collected by magistrates or magistrates' courts and deposited in the general fund of the county.
(D) Subsections (A) and (B) are effective July 1, 2001; however, the planning and development of this program shall begin on or after July 1, 2000, and the effective date for subsections (C) and (D) is July 1, 2000.
HISTORY: 2000 Act No. 226, Section 7.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-19. Advisory council on magistrate eligibility, certification examination, and continuing education; membership.

An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council must submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall be appointed by the Chief Justice to consist of:
(1) a member appointed upon the recommendation of the South Carolina Trial Lawyers Association;
(2) a member appointed upon the recommendation of the South Carolina Association of Criminal Defense Lawyers;
(3) a member appointed upon the recommendation of the South Carolina Solicitor's Association;
(4) a member appointed upon the recommendation of the South Carolina Sheriff's Association;
(5) a member appointed upon the recommendation of the South Carolina Victims Assistance Network;
(6) a member appointed upon the recommendation of the Criminal Justice Academy;
(7) a member appointed upon the recommendation of the State Board for Technical and Comprehensive Education;
(8) a member appointed upon the recommendation of the South Carolina Appleseed Legal Justice Center;
(9) a member appointed upon the recommendation of the Summary Court Judges Association;
(10) a member appointed upon the recommendation of the Dean of the University of South Carolina School of Law;
(11) a member appointed upon the recommendation of the Chairman of the Senate Judiciary Committee;
(12) a member appointed upon the recommendation of the Chairman of the House Judiciary Committee; and
(13) a member appointed upon the recommendation by the Governor.
HISTORY: 2000 Act No. 226, Section 8.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-20. Oath.

Before entering upon the discharge of the duties of his office, each magistrate must take in writing the oath of office prescribed in the Constitution before the clerk of the court of common pleas of the county or, in case there be no such clerk, before anyone authorized to administer an oath, and must file the same with the Secretary of State.
HISTORY: 1962 Code Section 43-2; 1952 Code Section 43-2; 1942 Code Section 3708; 1932 Code Section 3708; Civ. C. '22 Section 2242; Civ. C. '12 Section 1392; Civ. C. '02 Section 984; 1897 (22) 472.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-25. Mandatory retirement age.

Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10) or (12), it shall be mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994.
HISTORY: 1993 Act No. 183, Section 2.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-30. Suspension, removal or non-reappointment.

(A) A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with the training and examination requirements of Section 22-1-10(C) may subject the magistrate to suspension or removal by order of the Supreme Court.
(B) If a senatorial delegation recommends that the Governor not reappoint a magistrate upon completion of his term of office, the Governor may send a message to the Senate that the magistrate is not reappointed. Upon receipt of the message, the Senate must ratify the message not to reappoint by the confirmation process. If the ratification takes place, the magistrate's service is terminated at the end of his term and the magistrate does not continue to serve until a successor is appointed. Notice of the ratification must be sent to the Supreme Court.
HISTORY: 1962 Code Section 43-3; 1952 Code Section 43-3; 1942 Code Section 3707; 1932 Code Section 3707; Civ. C. '22 Section 2241; Civ. C. '12 Section 1391; Civ. C. '02 Section 983; 1897 (22) 472; 1993 Act No. 181, Section 337; 2000 Act No. 226, Section 9; 2011 Act No. 70, Section 3, eff June 28, 2011.
Effect of Amendment
The 2011 amendment designated the existing text as subsection (A); and added subsection (B).
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-40. Appearance as attorney in case once before magistrate.

It shall be unlawful for any magistrate to appear as attorney at law in any of the courts of this State in any action which may have been before him in his official capacity as such magistrate. Any magistrate who violates the provisions of this section shall forfeit his office.
HISTORY: 1962 Code Section 43-4; 1952 Code Section 43-4; 1942 Code Section 3722; 1932 Code Section 3722; Civ. C. '22 Section 2256; Civ. C. '12 Section 1406; Civ. C. '02 Section 998; R. S. 895; 1883 (18) 473; 1900 (23) 698.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-50. Administering oaths; taking renunciations of dower.

Every magistrate shall have power to administer any oath authorized or required by law to be taken and not directed to be administered by another authority and any oath so administered shall, to all intents and purposes, be binding and effectual in law. He may also take renunciations of dower.
HISTORY: 1962 Code Section 43-5; 1952 Code Section 43-5; 1942 Code Section 3714; 1932 Code Section 3714; Civ. C. '22 Section 2248; Civ. C. '12 Section 1398; Civ. C. '02 Section 990; G. S. 847; R. S. 889; 1839 (11) 30.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-60. Issuance of receipts for moneys collected.

All magistrates in this State shall issue receipts for all moneys paid to or collected by them. Such receipt shall in each instance state the amount paid to or collected by the magistrate and for what purpose and the title of the cause.
HISTORY: 1962 Code Section 43-6; 1952 Code Section 43-6; 1942 Code Section 3726; 1932 Code Section 3726; Civ. C. '22 Section 2260; 1912 (27) 698.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-70. Disposition of fines and penalties imposed and collected in criminal cases.

All fines and penalties imposed and collected by magistrates in criminal cases must be forthwith turned over by them to the county treasurers of their respective counties for county purposes; provided, that when a magistrate presides over a municipal court under contract between the municipality and the county governing body as authorized by Section 14-25-25, a portion of such fines and penalties imposed and collected shall be turned over to the treasurer of the municipality under the provisions of the contract between the municipality and the county governing body which shall specify the portion to be turned over to the treasurer of the municipality. But when, by law any person is entitled, as informer, to any portion of such fine or penalty, such portion shall be immediately paid over to him. If any magistrate shall neglect or refuse to pay over all fines and penalties collected by him in any criminal cause or proceeding he shall, on conviction thereof, be subject to a fine of not less than one hundred nor more than one thousand dollars and imprisonment for not less than three nor more than six months and shall be dismissed from office.
HISTORY: 1962 Code Section 43-8; 1952 Code Section 43-8; 1942 Code Section 3723; 1932 Code Sections 1547, 3723; Civ. C. '22 Section 2257; Cr. C. '22 Section 494; Civ. C. '12 Section 1407; Cr. C. '12 Section 567; Civ. C. '02 Section 999; Cr. C. '02 Section 410; G. S. 857, 858; R. S. 325, 896; 1871 (14) 655, 656; (15) 420; 1981 Act No. 167, Section 1.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-80. Books required and disposition thereof in case of death, resignation and the like.

Each magistrate shall keep two books, one for civil and the other for criminal cases, wherein he shall insert all his proceedings in each case by its title, showing the commencement, progress and termination thereof, as well as all fees charged or received by him. He shall also enter upon his book of criminal cases all warrants issued by him and what disposition he has made of them, what moneys have been collected from fines, costs and otherwise thereunder and what disposition he has made of them. He shall produce such books when required, for the inspection of the solicitor of the circuit. Whenever any magistrate shall die, resign, be removed or go out of office his books of office, with all records relating thereto in civil cases which have not been settled, shall be turned over to his successors or to some magistrate in the same county, who shall proceed thereon the same as if he had tried such cases and issued the papers thereon himself.
HISTORY: 1962 Code Section 43-9; 1952 Code Section 43-9; 1942 Code Section 3717; 1932 Code Section 3717; Civ. C. '22 Section 2251; Civ. C. '12 Section 1401; Civ. C. '02 Section 993; G. S. 853; R. S. 892; 1839 (11) 22; 1879 (17) 49; 1905 (24) 691.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-90. Monthly reports of moneys collected; treasurer's record.

Every magistrate shall, on the first Wednesday in each month or within ten days thereafter, make to the auditor and treasurer of his county a full and accurate statement in writing of all moneys collected by him on account of fines, penalties or forfeitures during the past month together with the title of each case in which a fine has been paid. The county treasurer shall keep a record of the title of each case in which the fine has been paid, the nature of the offense for which the fine was imposed and the amount thereof. In default thereof the magistrate or treasurer, as the case may be, shall, on conviction, be liable to a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding two months or both, at the discretion of the court.
HISTORY: 1962 Code Section 43-12; 1952 Code Section 43-12; 1942 Code Section 3729; 1932 Code Sections 1546, 3729; Civ. C. '22 Section 2263; Cr. C. '22 Section 493; Civ. C. '12 Section 1408; Cr. C. '12 Section 566; Civ. C. '02 Section 1000; Cr. C. '02 Section 409; G. S. 802; R. S. 324, 897; 1878 (16) 753; 1901 (23) 742.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-100. Monthly report of criminal cases in counties with cities of 50,000 and over.

Each magistrate within a county containing a city of fifty thousand inhabitants or more shall make and file with the county governing body each month a verified report of criminal cases begun before him and their status and disposition, together with a list of all fines collected. The county shall not pay any salary to any magistrate until he has made and filed the verified report herein required and further, in default thereof, the magistrate violating the provisions of this section shall, on conviction, be liable to a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding two months, at the discretion of the court.
HISTORY: 1962 Code Section 43-16; 1952 Code Section 43-16; 1942 Code Section 3724; 1932 Code Sections 3724, 3725; Civ. C. '22 Sections 2258, 2259; Cr. C. '22 Section 498; 1917 (30) 111; 1972 (57) 2538.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-110. Submission of dockets to governing bodies of counties.

Each magistrate shall submit his dockets quarterly to the governing body of the county at its regular quarterly meetings and such governing body shall make reports annually, prior to the fall term of court, to the foreman of the grand jury as to such dockets and any irregularities shown thereby. Magistrates shall not be required to make reports or file transcripts of their dockets in any manner or at any time other than as herein prescribed.
HISTORY: 1962 Code Section 43-18; 1952 Code Section 43-18; 1942 Code Section 3730; 1932 Code Section 3730; Civ. C. '22 Section 2264; Civ. C. '12 Section 1409; Civ. C. '02 Section 1001; 1898 (22) 750.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-120. Exhibit of original papers required with bills of costs.

The governing bodies of the several counties of this State in auditing the accounts of magistrates shall require them to exhibit with the bill of costs all the original papers in each case in which the costs have accrued and no bill of costs against any county shall be allowed by the governing body of any county unless accompanied by the original papers in each case mentioned in the bill or account. The governing bodies after examining the original papers of any magistrate shall return them to him without delay.
HISTORY: 1962 Code Section 43-19; 1952 Code Section 43-19; 1942 Code Section 3719; 1932 Code Section 3719; Civ. C. '22 Section 2253; Civ. C. '12 Section 1403; Civ. C. '02 Section 995; G. S. 853; R. S. 893; 1875 (15) 863.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-130. Records of books delivered to magistrates by court clerks.

The clerks of the courts of the respective counties shall each keep a book in which shall be entered all books sent them for distribution among the magistrates of their respective counties, in which book shall also be written the receipt of the magistrate to whom any such books are delivered, to be cancelled upon return of such books by writing across the same "books returned."
HISTORY: 1962 Code Section 43-20; 1952 Code Section 43-20; 1942 Code Section 3732; 1932 Code Section 3732; Civ. C. '22 Section 2266; Civ. C. '12 Section 1411; Civ. C. '02 Section 1003; G. S. 862; R. S. 899; 1882 (18) 872.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-140. Return of books received by magistrate from court clerk at expiration of magistrate's term.

Upon the expiration of the term of office of any magistrate he shall within thirty days return to the clerk of the court of his county in good condition all books received by him from the clerk under the law regulating the distribution of books among magistrates. Any magistrate neglecting or refusing to return such books to the clerk or pay for such books or any damage thereto shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined in the sum of not less than ten dollars nor more than twenty-five dollars or be imprisoned not less than ten days nor more than thirty days, at the discretion of the court. The fines imposed or money received under this section shall be paid over to the clerk of the court when collected, to be expended in replacing such books as are not returned or are too much damaged to be reissued and to be used for no other purpose.
HISTORY: 1962 Code Section 43-21; 1952 Code Section 43-21; 1942 Code Sections 3717-1, 3732; 1932 Code Sections 1548, 3732; Civ. C. '22 Section 2266; Civ. C. '12 Section 1411; Civ. C. '02 Section 1003; Cr. C. '22 Section 495; Cr. C. '12 Section 568; Cr. C. '02 Section 411; G. S. 862; R. S. 326, 899; 1871 (15) 872; 1882 (17) 872.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-150. Bond required of magistrates.

No person shall be commissioned, nor shall he continue to hold office or be qualified to discharge the duties and exercise the powers of magistrate, until he enters into and files, in the office of the clerk of court of the county in which he is to serve, bond to the State in a sum specified by the governing body of such county. The bond shall not be less than twenty-five percent of the collections for the previous year reported to the county treasurer as required by Section 22-1-90; provided, however, that if collections for the previous year did not exceed a total of two thousand dollars, the county governing body in its discretion shall be authorized to waive any bond requirements for such magistrate. The bond shall be conditioned for the faithful performance and discharge of the duties of his office, with surety to be approved by the governing body of the county. The terms, form and execution shall be approved by the Attorney General. Any magistrate not in compliance with this section shall be subject to immediate removal from office until he shows good cause to the Supreme Court for not obtaining such bond. Premiums for the bonds shall be paid by the respective counties.
HISTORY: 1978 Act No. 568, Section 1.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-160. Bond required of magistrates' employees.

No person shall be employed by a magistrate when the duties of his employment consist of financial responsibilities, including receiving and having custody of moneys collected in behalf of the magistrate, until he shall have entered into and filed, in the office of the clerk of court of the county in which the person is employed, bond to the State in a sum of like amount as and if required of the magistrate by Section 22-1-150. The bond shall be conditioned for the faithful performance and discharge of the duties of the employee, with surety to be approved by the governing body of the county. The terms, form and execution shall be approved by the Attorney General. Failure to comply with this section shall subject the employee to removal from employment. Premiums for such bonds shall be paid by the respective counties.
HISTORY: 1978 Act No. 568, Section 2.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 1 - Magistrates Generally › Section 22-1-200. Magistrates shall report disposition of each criminal case.

(A) Magistrates shall report the disposition of each criminal case to the State Law Enforcement Division within five days, weekends and holidays excluded.
(B) Magistrates shall also report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any:
(1) restraining orders and emergency restraining orders;
(2) magistrate court orders of protection from domestic abuse act orders;
(3) orders of state firearms prohibition pursuant to Section 16-25-30; and
(4) any 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 magistrate. For any form orders provided by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the magistrate may select, when appropriate, to order the clerk to transmit the appropriate information to SLED.
(C) The reporting required by this section must be in a format approved by the State Law Enforcement Division and Court Administration.
HISTORY: 2021 Act No. 66 (H.3094), Section 10.B, 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'."
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-5. Eligibility examinations for magistrates.

(A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months before and six months after the time the appointment is to be made.
(B) The court administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.
(C) The court administration, in cooperation with the technical college system, shall develop an optional examination preparatory course. The technical college system may assess a reasonable fee from each participant who takes the examination or the preparatory course in order to pay for administering the examination and course. The planning and development of the eligibility examination and optional examination preparatory course shall begin on or after July 1, 2000.
HISTORY: 2000 Act No. 226, Section 10.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-10. Screening committee to assist in selection of magistrates.

A senatorial delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees.
HISTORY: 1979 Act No. 164, Part III, Section 2; 1988 Act No. 678, Part I, Section 6.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-15. Special election for nonpartisan preferential selection of magistrate.

Notwithstanding the provisions of Section 22-2-10, in the event a senatorial delegation representing a particular county desires to fill a vacancy in the office of magistrate and conduct a nonpartisan preferential election relating to the filling of such vacancy more than six months prior to a scheduled general election, the delegation may direct the county election commission to conduct a special election. The majority of the senatorial delegation shall call for such election by notifying the county election commission in writing of its wishes at least sixty days prior to the date on which it desires to have the election. The election commission shall cause such election to be advertised in a newspaper of general circulation in the magisterial district in which the election is to be held at least twice in such sixty day period setting forth the date and subject of such election. Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the election commission at least forty-five days prior to the date of the special election. Except as specifically provided in this section, the election shall be governed by the provisions of Section 22-2-10 as they relate to nonpartisan preferential elections.
HISTORY: 1979 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-20. Establishment of jury areas for juries serving courts of magistrates.

The General Assembly shall establish jury areas from which juries shall be drawn to serve in the courts of various magistrates within the counties of this State. Initially, the jury areas shall be determined in the following manner:
The chief magistrate for administration of the county shall fix the area from which the jury shall be drawn to serve in the courts of the various magistrates within the county. The boundaries, as close as practical, shall conform to precinct lines; provided, however, that every effort should be made to conform such jury areas to existing magisterial districts or if no districts exist, then such boundaries shall include the area in the vicinity of each magistrate's court within the county.
HISTORY: 1979 Act No. 164, Part III, Section 3.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-30. Assistance in establishing jury areas; legislative adoption of jury areas.

In establishing the jury areas, the chief magistrate for administration of the county may call upon the service of the Revenue and Fiscal Affairs Office and the Senate Research staff for demographic information and the State Election Commission for precinct and voter registration information. Upon establishment of the jury areas in a county, but no later than January 1, 1980, the chief magistrates for administration of the counties shall submit to the Legislative Council the boundaries of the jury areas. The Legislative Council shall prepare the necessary legislation to establish the jury areas for introduction in the General Assembly by the respective Judiciary Committees of the Senate and House of Representatives. All acts adopting jury areas shall be printed in the Code of Laws of South Carolina.
HISTORY: 1979 Act No. 164, Part III, Section 4.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-40. Number and location of magistrates in county; ministerial magistrates.

(A) The General Assembly shall provide for the number and location of magistrates in each county. The provisions of this chapter shall not be construed to prevent more than one magistrate from being assigned to the same jury area.
(B) In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate as ministerial magistrates for the purpose of carrying out the following responsibilities:
(1) to issue criminal warrants;
(2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;
(3) to order the release of prisoners when proper and adequate bonds have been duly posted; and
(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
Ministerial magistrates shall be available at nighttime and on weekends during such hours as may be designated by the chief magistrate.
(C) Notwithstanding the provisions of subsection (A), Section 22-1-10(A), or Section 22-8-40(C) and (D), the number, location, and full-time or part-time status of magistrates in the county may be increased or decreased from the required and permissive provisions in Section 22-8-40(C) and (D) as provided in Section 22-1-30(B), or by filing with court administration a written agreement between the members of the Senate delegation for the county and the county governing body; however, a magistrate's compensation must not be decreased during his term in office.
HISTORY: 1979 Act No. 164, Part III, Section 5; 2000 Act No. 226, Section 11; 2011 Act No. 70, Section 4, eff June 28, 2011.
Effect of Amendment
The 2011 amendment, in subsection (C), inserted "as provided in Section 22-1-30(B), or".
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-50. Preparation of jury lists.

In October of each year, the State Election Commission must provide to the chief magistrate for administration of each county, at no cost, a jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county must use these lists in preparing, for each jury area, a list of the qualified electors in these jury areas, and must forward these lists to the respective magistrates.
HISTORY: 1979 Act No. 164, Part III, Section 6; 2004 Act No. 304, Section 2.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-60. Preparation and custody of jury box.

A constable or other person appointed by a magistrate shall, during the first thirty days of each calendar year, prepare a jury box for use in the magistrate's court which shall be provided by the governing body of the county. Each box shall contain two compartments designated as A and B respectively. The person charged with the preparation of the box shall, within the specified period, place in Compartment A of the box the individual names of all qualified electors in the Jury Area. After Compartment A has been filled with names, the box shall be locked and kept in the magistrate's custody.
HISTORY: 1979 Act No. 164, Part III, Section 7.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-70. Jury trials following improper preparation of jury box.

If it is determined that the jury box has not been prepared as provided in this chapter, no jury trial shall be held until the box has been prepared as provided by law; provided, however, that no verdict shall be rendered invalid by reason of failure to comply with the provisions of this chapter if no challenge was raised prior to a jury being sworn.
HISTORY: 1979 Act No. 164, Part III, Section 8.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-80. Selection of jury list.

(A) In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:
A person appointed by the magistrate who is not connected with the trial of the case for either party must draw out of Compartment "A" of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.
(B) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration for the jury list, and must deliver this list to each party or the attorney for each party.
HISTORY: 1979 Act No. 164, Part III, Section 9; 2000 Act No. 257, Section 5; 2004 Act No. 304, Section 3.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-85. Optional postponement of jury service for students.

If a student selected for jury service during the school term so requests, his service must be postponed to a date that does not conflict with the school term. For purposes of this section, a student is a person enrolled in high school or an institution of higher learning, including technical college.
HISTORY: 1990 Act No. 427, Section 2.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-90. Additional procedure for selection of jury list in court which schedules terms for jury trials.

(A) In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.
(B) At least ten but not more than forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate must draw at least forty but not more than one hundred jurors to serve one week only.
(C) If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw at least one hundred names but not more than a number determined sufficient by court administration to serve one week only.
(D) Immediately after the jurors are drawn, the magistrate must issue a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrate's constable or the sheriff of the county concerned.
HISTORY: 1979 Act No. 164, Part III, Section 10; 2000 Act No. 257, Section 6; 2004 Act No. 304, Section 4.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-100. Selection of primary and alternate jurors; peremptory challenges.

The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and any other challenges for cause the court permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names must be drawn randomly from Compartment "A" until sufficient jurors and alternates are selected.
HISTORY: 1979 Act No. 164, Part III, Section 11; 2004 Act No. 304, Section 5.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-110. Time for exercise of peremptory challenges.

Parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial.
HISTORY: 1979 Act No. 164, Part III, Section 12.
2023 South Carolina Code of Laws › Title 22 - Magistrates and Constables › Chapter 2 - Selection Of Magistrates And Magistrates' Jury › Section 22-2-120. Selection of additional jurors at time of trial.

If at the time set for the trial there are not sufficient jurors to proceed because one or more have failed to attend, have not been summoned, or have been excused or disqualified by the court, additional jurors must be selected from the remaining names or in the manner provided in Section 22-2-80 or Section 22-2-100.
HISTORY: 1979 Act No. 164, Part III, Section 13; 2004 Act No. 304, Section 6.