Within five days after such distraint the tenant may free the property from the lien of the distraint by giving a bond payable to the landlord in double the amount claimed, with sufficient surety or sureties approved by the court, and the issues thus joined shall be tried by the court. The landlord shall have the right to except to the surety or sureties and the surety or sureties shall justify before the magistrate as provided for justification for sureties in claim and delivery actions.
HISTORY: 1962 Code Section 41-160; 1952 Code Section 41-160; 1946 (44) 2584.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Section 27-39-10. Collection of agricultural rents and advances; liens therefor not affected.
Section 27-39-20. Validity of payment of rent for period longer than twelve months.
Section 27-39-30. Effect of payment of rent to grantor or conusor.
Section 27-39-40. Action for debt may be brought for rent on lease or demise for life.
Section 27-39-210. Commencement of proceedings for collection of rent by distress.
Section 27-39-220. Predistress hearing.
Section 27-39-230. Property exempt from distress.
Section 27-39-240. Enforcement of distress warrant.
Section 27-39-250. Property of third party on premises.
Section 27-39-270. Property removed from premises.
Section 27-39-280. Distraint after expiration of lease of tenant for life of another.
Section 27-39-290. Reasonableness of distress.
Section 27-39-300. Damages for unreasonable and excessive distress.
Section 27-39-310. Giving bond to free property from distraint.
Section 27-39-320. Sale of distrained property.
Section 27-39-330. Tax liens on property sold under distress.
Section 27-39-340. Persons who may be purchasers at sale.