If any sheriff or deputy sheriff, without writ, warrant or process, shall summon anyone by arresting the person or attaching the goods to appear in any of the courts of this State, not having at that time any process to justify such summons, upon complaint thereof, on oath, such sheriff or deputy shall be liable to be punished for a contempt by either the court of common pleas or general sessions for his county. But nothing herein contained shall prevent the sheriff or his deputy from arresting any person for treason, felony or breach of the peace committed in his presence or from arresting any person for treason or felony upon probable and reasonable grounds.
HISTORY: 1962 Code Section 53-219; 1952 Code Section 53-219; 1942 Code Section 3521; 1932 Code Section 3521; Civ. C. '22 Section 2064; Civ. C. '12 Section 1171; Civ. C. '02 Section 846; G. S. 661; R. S. 726; 1839 (11) 41.
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.