When any person shall be taken on mesne or final process in any civil suit and, from inability to pay the demand, debt or damages or find bail, be committed to the jail and such person has no lands, tenements, goods, chattels or choses in action whereby his maintenance in jail can be defrayed, the plaintiff or person at whose instance such party shall be imprisoned shall pay and satisfy his maintenance. If such person or his attorney shall refuse or neglect, after ten days' previous notice, to pay or give security to pay the prisoner's maintenance when demanded, the sheriff or jailer in whose custody such prisoner is may discharge him from such confinement. But such prisoner shall, before he is discharged, render on oath a schedule of all his estate and assign it.
HISTORY: 1962 Code Section 10-881; 1952 Code Section 10-881; 1942 Code Section 3536; 1932 Code Section 3536; Civ. C. '22 Section 2079; Civ. C. '12 Section 1186; Civ. C. '02 Section 861; G. S. 679; R. S. 741; 1839 (11) 46 Section 30.
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.