The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify before a judge, clerk of court or magistrate in the same manner as upon bail on arrest. Upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant's sureties until they justify or until justification is completed or expressly waived and may retain the property until that time. But if they, or others in their place, fail to justify at the time and place appointed he shall deliver the property to the plaintiff.
HISTORY: 1962 Code Section 10-2511; 1952 Code Section 10-2511; 1942 Code Section 559; 1932 Code Section 559; Civ. P. '22 Section 475; Civ. P. '12 Section 263; Civ. P. '02 Section 233; 1870 (14) 472 Section 235.
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.