If any magistrate fails to hold a preliminary examination or have it waived by setting a date for such preliminary examination and to return such papers and report thereon to the clerk, as directed in this Code, he shall be subject to the payment of a fine of five dollars for every such default, within the discretion of the court to which a rule thereof shall be made returnable.
HISTORY: 1962 Code Section 43-235; 1952 Code Section 43-235; 1942 Code Section 936; 1932 Code Section 1545; Cr. C. '22 Section 492; Cr. C. '12 Section 565; Cr. C. '02 Section 408; G. S. 855, 856; R. S. 323; 1836 (6) 552; 1839 (11) 23; 1918 (30) 769.
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.