In default of paying over the amount of any debt collected to the party entitled or his lawful agent or to the magistrate upon demand or in default of returning to a defendant upon demand any overplus which may be in the hands of a constable, he shall be liable to pay, in either case, to the party in interest and entitled to receive it, the original sum and interest thereon at the rate of ten per cent per month, recoverable before a magistrate, if not more than one hundred dollars in amount, and if greater before the court of common pleas.
HISTORY: 1962 Code Section 43-325; 1952 Code Section 43-325; 1942 Code Section 3738; 1932 Code Section 3738; Civ. C. '22 Section 2271; Civ. C. '22 Section 1475; Civ. C. '02 Section 1050; G. S. 867; R. S. 904-907; 1839 (11) 80.
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.