If any person, a citizen of this State, shall be committed to any prison or in custody of any officer whatsoever for any criminal or supposed criminal matter such person shall not be removed from such prison and custody into the custody of any other officer, unless it be:
(1) By habeas corpus or some other legal writ;
(2) When the prisoner is delivered to a constable or other inferior officer, to carry such prisoner to some common jail;
(3) When any person is sent, according to law, to any common workhouse of correction;
(4) When the prisoner is removed from one place or prison to another within the same county for his trial or discharge in due course of law;
(5) In case of sudden fire, infection or other necessity; or
(6) When brought into court as a witness in some matter or cause as provided by law.
HISTORY: 1962 Code Section 17-262; 1952 Code Section 17-262; 1942 Code Section 1063; 1932 Code Section 1063; Cr. P. '22 Section 150; Cr. C. '12 Section 132; Cr. C. '02 Section 105; G. S. 2338; R. S. 105; 1679 (1) 120.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 13 - Arrest, Process, Searches And Seizures
Section 17-13-10. Circumstances when any person may arrest a felon or thief.
Section 17-13-20. Additional circumstances when citizens may arrest; means to be used.
Section 17-13-30. Officers may arrest without warrant for offenses committed in view.
Section 17-13-60. Circumstances when persons are not to be arrested but may be served process.
Section 17-13-70. Warrant authorizing breaking open gambling rooms.
Section 17-13-80. Service of process on domestic and foreign corporations.
Section 17-13-90. Service of criminal process on Sunday.
Section 17-13-100. Escaped prisoners may be retaken on Sunday.
Section 17-13-110. Confinement in industrial communities.
Section 17-13-120. Persons shall not be removed from one prison to another without cause.
Section 17-13-130. Penalty for signing warrant for illegal removal of prisoner.