Magistrates in counties in which a county court has been established under the provisions of Chapter 9 of Title 14 shall issue warrants and hold preliminary examinations in all criminal cases and take such action therein as is provided by law in criminal cases beyond the jurisdiction of magistrates. In committing or binding over defendants and witnesses such magistrates shall commit and bind over for trial at the next ensuing session of the county court except in those cases over which the county court has no jurisdiction, in which cases the magistrates shall commit or bind over for trial in the court of general sessions. Such magistrates, immediately after committing or binding over a defendant for trial shall lodge with the clerk of the court by which the defendant is to be tried all papers and proceedings connected with the case.
HISTORY: 1962 Code Section 43-261; 1952 Code Section 43-261; 1942 Code Section 94; 1932 Code Section 94; Civ. P. '22 Section 91; Civ. C. '12 Section 3866; Civ. C. '02 Section 2769; 1900 (23) 322.
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.