All fines and penalties imposed and collected by magistrates in criminal cases must be forthwith turned over by them to the county treasurers of their respective counties for county purposes; provided, that when a magistrate presides over a municipal court under contract between the municipality and the county governing body as authorized by Section 14-25-25, a portion of such fines and penalties imposed and collected shall be turned over to the treasurer of the municipality under the provisions of the contract between the municipality and the county governing body which shall specify the portion to be turned over to the treasurer of the municipality. But when, by law any person is entitled, as informer, to any portion of such fine or penalty, such portion shall be immediately paid over to him. If any magistrate shall neglect or refuse to pay over all fines and penalties collected by him in any criminal cause or proceeding he shall, on conviction thereof, be subject to a fine of not less than one hundred nor more than one thousand dollars and imprisonment for not less than three nor more than six months and shall be dismissed from office.
HISTORY: 1962 Code Section 43-8; 1952 Code Section 43-8; 1942 Code Section 3723; 1932 Code Sections 1547, 3723; Civ. C. '22 Section 2257; Cr. C. '22 Section 494; Civ. C. '12 Section 1407; Cr. C. '12 Section 567; Civ. C. '02 Section 999; Cr. C. '02 Section 410; G. S. 857, 858; R. S. 325, 896; 1871 (14) 655, 656; (15) 420; 1981 Act No. 167, Section 1.
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 1 - Magistrates Generally
Section 22-1-15. Magistrates presently serving.
Section 22-1-16. Trial observation requirement for new magistrates who are not attorneys.
Section 22-1-17. Continuing education.
Section 22-1-25. Mandatory retirement age.
Section 22-1-30. Suspension, removal or non-reappointment.
Section 22-1-40. Appearance as attorney in case once before magistrate.
Section 22-1-50. Administering oaths; taking renunciations of dower.
Section 22-1-60. Issuance of receipts for moneys collected.
Section 22-1-70. Disposition of fines and penalties imposed and collected in criminal cases.
Section 22-1-80. Books required and disposition thereof in case of death, resignation and the like.
Section 22-1-90. Monthly reports of moneys collected; treasurer's record.
Section 22-1-100. Monthly report of criminal cases in counties with cities of 50,000 and over.
Section 22-1-110. Submission of dockets to governing bodies of counties.
Section 22-1-120. Exhibit of original papers required with bills of costs.
Section 22-1-130. Records of books delivered to magistrates by court clerks.
Section 22-1-150. Bond required of magistrates.
Section 22-1-160. Bond required of magistrates' employees.
Section 22-1-170. Attorney's fees awards.
Section 22-1-200. Magistrates shall report disposition of each criminal case.