South Carolina Code of Laws
Chapter 17 - Habeas Corpus
Section 17-17-180. Recovery of penalties.

Such penalties may be recovered by the prisoner or party grieved, his executors and administrators, against such offender, his executors or administrators, by action in any court of competent jurisdiction wherein no protection, privilege, injunction or stay of prosecution shall be admitted or allowed.
HISTORY: 1962 Code Section 17-367; 1952 Code Section 17-367; 1942 Code Section 1062; 1932 Code Section 1062; Cr. P. '22 Section 149; Cr. C. '12 Section 131; Cr. C. '02 Section 104; G. S. 2337; R. S. 104; 1679 (1) 119.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 17 - Criminal Procedures

Chapter 17 - Habeas Corpus

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 17-17-100. Transfer of matter for hearing to judge of court in county where prisoner was convicted.

Section 17-17-110. Granting of writ after adjournment.

Section 17-17-120. Discharge only after notice given to Attorney General, Circuit Solicitor, or attorney acting for State.

Section 17-17-130. Discharge of prisoner after hearing; recognizance in judge's discretion, appearance in the following term of court.

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.

Section 17-17-190. Suspension of habeas corpus by Governor.

Section 17-17-200. Effect of suspension of writ.