Magistrates may cause to be arrested (a) all affrayers, rioters, disturbers and breakers of the peace, (b) all who go armed offensively, to the terror of the people, (c) such as utter menaces or threatening speeches and (d) otherwise dangerous and disorderly persons. Persons arrested for any of such offenses shall be examined by the magistrate before whom they are brought and may be tried before him. If found guilty they may be required to find sureties of the peace and be punished within the limits prescribed in Section 22-3-560 or, when the offense is of a high and aggravated nature, they may be committed or bound over for trial before the court of general sessions.
HISTORY: 1962 Code Section 43-215; 1952 Code Section 43-215; 1942 Code Section 925; 1932 Code Section 925; Cr. P. '22 Section 21; Cr. C. '12 Section 22; Cr. C. '02 Section 14; R. S. 13; 1870 (14) 402.
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 5 - Magistrates' Powers And Duties In Criminal Matters
Section 22-5-10. Warrant to break open doors of gambling rooms.
Section 22-5-110. Arrest, examination and commitment or punishment; warrant; courtesy summons.
Section 22-5-115. Summons to appear; issuance; design and contents of form; tracking.
Section 22-5-130. Magistrate as prosecutor when offense committed in his view.
Section 22-5-140. Arrests by magistrates to preserve the peace.
Section 22-5-150. Arrest of persons threatening breach of peace; trial or binding over.
Section 22-5-170. Duty of special officer appointed by magistrate.
Section 22-5-180. Swearer of warrant precluded from serving it.
Section 22-5-200. Disposition of persons arrested by deputy sheriffs without warrants.
Section 22-5-210. Copy of arrest warrant to arrested person.
Section 22-5-310. Sitting as examining court in matters beyond magistrates' jurisdiction.
Section 22-5-320. Defendant's demand for preliminary investigation; appearance by attorney.
Section 22-5-340. Removal of hearing.
Section 22-5-350. Return of papers pertaining to general sessions court; character of the papers.
Section 22-5-360. Penalty for failing to hold preliminary examination.
Section 22-5-520. Amount of recognizance of accused.
Section 22-5-540. Return of papers to clerk of general sessions.
Section 22-5-550. Arrest and committal of witness on refusal to enter into recognizance.
Section 22-5-560. Arrest of witness on behalf of accused.
Section 22-5-570. Amount of recognizance of witness.
Section 22-5-720. Recognizances of witnesses.
Section 22-5-910. Expungement of criminal records.
Section 22-5-920. Conviction as a youthful offender.
Section 22-5-930. Expungement; first offense drug convictions.