When any constable fails to do his duty in the enforcement or return of an execution, the party in whose favor it may have been issued may apply to any magistrate for a rule against such defaulting constable, requiring him to show cause after the expiration of two days from the service of such rule why the execution has not been enforced or returned and on his failing to show cause sufficient the magistrate may order the rule to be made absolute and the constable shall be liable for the debt, interest and costs. If he be unable to pay it such liability shall be construed a breach of his official bond and the amount shall be recoverable in an action thereon against his sureties.
HISTORY: 1962 Code Section 43-324; 1952 Code Section 43-324; 1942 Code Section 3741; 1932 Code Section 3741; Civ. C. '22 Section 2274; Civ. C. '12 Section 1478; Civ. C. '02 Section 1053; G. S. 875; R. S. 911; 1846 (11) 360.
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Section 22-9-10. Constables; appointment, term, and residence.
Section 22-9-20. Certificate of qualification; bond.
Section 22-9-40. Removal upon conviction by indictment.
Section 22-9-50. Entitlement to act throughout county.
Section 22-9-60. Execution of orders of governing bodies; fees.
Section 22-9-70. Attending circuit courts; service as officer of court; compensation.
Section 22-9-80. Execution of process and return.
Section 22-9-90. Service of process.
Section 22-9-100. Return of execution.
Section 22-9-110. Return when personalty is levied on or attached; advertisement of sale.
Section 22-9-120. Liability for neglect to enforce or return executions.
Section 22-9-130. Liability for failure to pay over funds.
Section 22-9-140. Penalty for failing to execute process of magistrate's court.
Section 22-9-160. Oppression in office or other misconduct; liability in civil action.
Section 22-9-170. Oppression in office or other misconduct; punishment.
Section 22-9-180. Certain constables authorized to carry pistols.
Section 22-9-190. Criminal justice training.
Section 22-9-200. Promulgation of rules and regulations.
Section 22-9-210. Effect on constables' common law authority.
Section 22-9-320. Deduction of certain payments to others from constable's salary.