Any sheriff shall be liable to be proceeded against in any court of record in this State for an open contempt or for a breach of official duty. For an open contempt he shall be liable to be attached forthwith. For a breach of official duty he may be required, by rule, to answer to the complaint of any suitor of the court and upon failing to answer or comply with the order of the court, made on the hearing of such rule, he shall be liable to be attached as for a contempt and committed to close custody until he shall have complied with the requisition of the court. In all cases, interrogatories may be propounded to him, which he shall answer on oath, either orally or in writing, as the court may order.
HISTORY: 1962 Code Section 53-212; 1952 Code Section 53-212; 1942 Code Section 3530; 1932 Code Section 3530; Civ. C. '22 Section 2073; Civ. C. '12 Section 1180; Civ. C. '02 Section 855; G. S. 672; R. S. 735; 1839 (11) 44.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Chapter 17 - Liabilities Of Sheriffs And Deputy Sheriffs
Section 23-17-10. Default in returning warrants or other process of magistrate.
Section 23-17-20. Open contempt or breach of duty.
Section 23-17-30. Failure to execute or return final process or pay over money.
Section 23-17-40. Official misconduct for remaining in contempt after attachment.
Section 23-17-50. Additional penalty for failure of sheriff to pay over money after demand.
Section 23-17-70. Negligent escape of prisoner on mesne or final process.
Section 23-17-80. Punishment for permitting escape of convicted criminal.
Section 23-17-90. Illegal arrest.
Section 23-17-100. Penalty for purchasing judgments, decrees or executions by sheriff or deputy.
Section 23-17-110. Penalties for purchase by sheriff or deputy at sheriff's sale.
Section 23-17-120. Rule to show cause or attachment barred two years after expiration of term.