At any time before the delivery of the property to the plaintiff the defendant may require the return thereof upon giving to the sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, including damages suffered on account of depreciation in value of the property pending the determination of the action, be recovered against the defendant. If a return of the property be not required by the defendant as herein and under the circumstances in Section 15-69-130 provided and within the time therein provided, it shall be delivered to the plaintiff, except as provided in Section 15-69-200.
HISTORY: 1962 Code Section 10-2510; 1952 Code Section 10-2510; 1942 Code Section 558; 1932 Code Section 558; Civ. P. '22 Section 474; Civ. P. '12 Section 262; Civ. P. '02 Section 232; 1870 (14) 471 Section 234; 1937 (40) 205; 1947 (45) 197.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 69 - Recovery Of Personal Property
Section 15-69-10. Time when immediate delivery may be claimed.
Section 15-69-20. Any one of several joint owners may sue for possession.
Section 15-69-30. Affidavit and requisites thereof.
Section 15-69-40. Notice of right to preseizure hearing.
Section 15-69-60. Manner of effecting service; when sheriff shall take and retain property.
Section 15-69-70. Purpose of preseizure hearing; allowing claim for immediate possession.
Section 15-69-80. Notice and opportunity for preseizure hearing is required; waiver.
Section 15-69-90. Order restraining defendant from damaging, concealing or removing property.
Section 15-69-100. Determination upon affidavit showing danger of destruction or concealment.
Section 15-69-110. Service of affidavit of waiver or probability of destruction or concealment.
Section 15-69-120. Filing of notice and affidavit.
Section 15-69-130. Exception to sureties.
Section 15-69-140. When defendant shall be entitled to redelivery; undertaking.
Section 15-69-150. Amount of bond required of defendant when claim is for debt.
Section 15-69-160. Justification of defendant's sureties.
Section 15-69-170. Manner of qualification and justification of sureties.
Section 15-69-180. Taking of property concealed in building or enclosure.
Section 15-69-190. Keeping of property; sheriff's fees and expenses.