Any two magistrates shall grant the writ of habeas corpus as fully, effectually and lawfully as may any judge of the court of common pleas and general sessions or justice of the Supreme Court of this State, except in cases of felony the punishment for which is death or imprisonment for life and except in changing the custody of any child, in which cases magistrates shall have no jurisdiction in applications for habeas corpus.
HISTORY: 1962 Code Section 17-354; 1952 Code Section 17-354; 1942 Code Section 1060; 1932 Code Section 1060; Cr. P. '22 Section 147; Cr. C. '12 Section 129; Cr. C. '02 Section 102; G. S. 2335; R. S. 102; 1712 (2) 460; 1839 (11) 23; 1918 (30) 765.
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.