The defendant may be arrested, as prescribed in this article, in the following cases:
(1) In an action for money received or property embezzled or fraudulently misapplied by a public officer, an attorney, solicitor or counsellor, an officer or agent of a corporation or banking association in the course of his employment as such or a factor, agent, broker or other person in a fiduciary capacity or in an action for any misconduct or neglect in office or in a professional employment;
(2) In an action to recover the possession of personal property fraudulently detained or when property has been fraudulently concealed, removed or disposed of so that it cannot be found or taken by the sheriff or constable and with intent that it should not be so found or taken or with intent to deprive the plaintiff of the benefit thereof;
(3) When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit;
(4) When the defendant has removed or disposed of his property or is about to do so with intent to defraud his creditors;
(5) Whenever a person domiciled in this State, indebted by bond, note or otherwise, is about to remove or abscond from the limits of this State and the debt is not yet due but payable at some future date, the obligee, payee or holder of such demand, or his assignee or endorsee, as the case may be, upon swearing
(a) that such person is indebted to him,
(b) that the demand is just and owing but not yet due,
(c) that the debtor is about to abscond or remove without the limits of this State and
(d) that such creditor was not aware that the debtor had any intention to remove from the State at the time when the original contract was made or at the time of such assignment or endorsement, as the case may be,
May commence an action by issuing a summons and complaint and shall have power to arrest and hold to bail in such manner as is prescribed in this chapter in cases of debts actually due; and
(6) In an action for the recovery of damages in a cause of action not arising out of contract when the defendant is a nonresident of the State or is about to remove therefrom or when the action is for an injury to person or character or for injury to or for wrongfully taking, detaining or converting property.
HISTORY: 1962 Code Section 10-802; 1952 Code Section 10-802; 1942 Code Section 500; 1932 Code Section 500; Civ. P. '22 Section 442; Civ. P. '12 Section 230; Civ. P. '02 Section 200; 1870 (14) 467 Section 202.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 17 - Arrest And Bail In Civil Actions
Section 15-17-10. Person shall not be arrested in civil action except as prescribed.
Section 15-17-20. Arrest in civil actions permitted in certain cases.
Section 15-17-30. Females shall be arrested only in certain cases.
Section 15-17-40. By whom order for arrest is made.
Section 15-17-50. Affidavit to obtain order for arrest.
Section 15-17-60. Security by plaintiff before obtaining order for arrest.
Section 15-17-70. Making and serving order for arrest; contents.
Section 15-17-80. Affidavit and order shall be delivered to sheriff or constable; copy to defendant.
Section 15-17-90. Execution of order.
Section 15-17-210. Defendant shall be discharged on giving bail or making a deposit.
Section 15-17-220. Manner of giving bail.
Section 15-17-230. Qualification of bail.
Section 15-17-240. Substituting bail for deposit.
Section 15-17-250. Delivery of bail to plaintiff and acceptance by him.
Section 15-17-260. Notice of justification; new bail.
Section 15-17-270. Justification of bail.
Section 15-17-280. Allowance of bail.
Section 15-17-410. Petition for release.
Section 15-17-420. Creditors shall be summoned by public notice.
Section 15-17-430. Clerk shall examine as to discharge of prisoner.
Section 15-17-440. Oath of petitioner.
Section 15-17-450. Order for assignment of property; exemptions.
Section 15-17-460. Prisoner shall be discharged on making assignment.
Section 15-17-470. Prisoner shall be remanded for refusal to assign.
Section 15-17-480. Penalty for false schedules.
Section 15-17-490. Summoning jury in cases of alleged fraud.
Section 15-17-500. Filling vacancies in jury panel.
Section 15-17-510. Liability for nonattendance of jurors.
Section 15-17-520. Issues on exceptions to clerk's rulings shall be summarily heard by judge.
Section 15-17-530. Fees allowed clerk for hearing application.
Section 15-17-540. Fees allowed sheriff.
Section 15-17-550. Proceedings in cases of appeal.
Section 15-17-570. Debtor required to produce books.
Section 15-17-580. Submission of issues to jury already empaneled.
Section 15-17-590. No discharge shall be granted until property is delivered to assignee.
Section 15-17-710. Vacating order of arrest or reducing bail.
Section 15-17-720. Affidavits on motion to vacate order of arrest or reduce bail.
Section 15-17-730. Surrender of defendant.
Section 15-17-740. Bail may authorize arrest of defendant.
Section 15-17-750. Exoneration of bail.
Section 15-17-760. Disposal of deposit after judgment in the action.
Section 15-17-770. Proceeding against the bail.
Section 15-17-780. Sheriff or constable may be liable as bail.
Section 15-17-790. Proceedings on judgment against sheriff or constable.
Section 15-17-800. Bail may be liable to sheriff or constable.
Section 15-17-810. In what cases plaintiff shall be liable for maintenance of debtor.