For oppression in office, whether by undue personal violence, cruelty or taking an amount of property in an unreasonable proportion to the sum to be collected, or for any willful official misconduct, habitual negligence, habitual drunkenness or fraud, a constable shall be liable to an action for damages by the party aggrieved. But if in any such action the plaintiff fails to recover he shall be liable to be mulcted in double or treble costs, by order and at the discretion of the presiding judge.
HISTORY: 1962 Code Section 43-329; 1952 Code Section 43-329; 1942 Code Section 3742; 1932 Code Section 3742; Civ. C. '22 Section 2275; Civ. C. '12 Section 1479; Civ. C. '02 Section 1054; G. S. 869; R. S. 912; 1839 (11) 81.
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.