If any sheriff shall be attached for contempt for failing to execute or return final process in any civil suit or for not paying over to the party entitled thereto money which has come into his hands as sheriff and shall remain in contempt for the space of thirty days after such attachment is ordered, he shall be guilty of official misconduct and shall be liable to be proceeded against by indictment and, on conviction, be liable to a fine of not exceeding one thousand dollars and imprisonment not exceeding one year and be removed from office. But nothing herein contained shall be construed to deprive any such sheriff of his right to appeal from any order against him for a contempt, nor shall the provisions of this section be taken to apply during the pendency of such appeal, nor until such an appeal has been finally dismissed.
HISTORY: 1962 Code Section 53-214; 1952 Code Section 53-214; 1942 Code Section 1531; 1932 Code Section 1531; Cr. C. '22 Section 478; Cr. C. '12 Section 552; Cr. C. '02 Section 395; G. S. 674; R. S. 312; 1844 (11) 296.
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.