No person who shall be delivered or set at large upon any writ of habeas corpus shall, at any time, be again imprisoned or committed for the same offense by any person whatsoever, other than by the legal order and process of such court wherein he shall be bound by recognizance to appear or other court having jurisdiction of the cause. If any other person shall knowingly, contrary to this chapter, recommit or imprison or knowingly procure or cause to be recommitted or imprisoned for the same offense or pretended offense any person delivered or set at large, as aforesaid, or be knowingly aiding or assisting therein, then he shall forfeit to the prisoner or person grieved the sum of two thousand five hundred dollars, any colorable pretense or variation in the warrant of commitment notwithstanding, to be recovered as provided in Section 17-17-180.
HISTORY: 1962 Code Section 17-364; 1952 Code Section 17-364; 1942 Code Section 1059; 1932 Code Section 1059; Cr. P. '22 Section 146; Cr. C. '12 Section 128; Cr. C. '02 Section 101; G. S. 2334; R. S. 101; 1679 (1) 119.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Section 17-17-10. Persons entitled to writ of habeas corpus.
Section 17-17-20. Forfeiture of entitlement in certain cases.
Section 17-17-30. Authority of judges to grant writs of habeas corpus.
Section 17-17-40. Authority of any two magistrates to grant writs of habeas corpus.
Section 17-17-50. Persons to whom writ shall be directed.
Section 17-17-60. Service of writ.
Section 17-17-70. Handling of prisoner after service of writ; payment of charges; return of writ.
Section 17-17-80. Time within which prisoners must be brought before court.
Section 17-17-90. Granting of writ during term of court.
Section 17-17-110. Granting of writ after adjournment.
Section 17-17-140. Right to appeal from decision on writ.
Section 17-17-150. Person discharged shall not be rearrested or committed for same offense.
Section 17-17-160. Officers shall execute writ.
Section 17-17-170. Penalty for officers neglecting their duty.
Section 17-17-180. Recovery of penalties.