Subject to any contractual limitations binding upon the holders of any issue of refunding bonds, or trustee therefor, including, but not limited to, the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of refunding bonds, or trustee therefor, may for the equal benefit and protection of all holders of refunding bonds similarly situated:
(1) By mandamus or other suit, action or proceeding at law or in equity enforce his rights against the municipality, its governing body and any of its officers, agents and employees and require and compel such municipality, governing body or officer, agent or employee to perform and carry out its or his duties and obligations under this chapter and its or his covenants and agreements with the bondholders;
(2) By action or suit in equity require the municipality and the governing body thereof to account as if they were the trustee of an express trust;
(3) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; or
(4) Bring suit upon the refunding bonds.
HISTORY: 1962 Code Section 59-675; 1952 Code Section 59-675; 1942 Code Section 9300; 1937 (40) 313.
Structure South Carolina Code of Laws
Chapter 17 - Revenue Bond Refinancing Act Of 1937
Section 6-17-40. Combination of projects.
Section 6-17-50. Refunding shall be authorized by resolution.
Section 6-17-60. Terms and form of refunding bonds.
Section 6-17-70. Provisions permissible in resolution authorizing issue of bonds.
Section 6-17-80. Exemption from certain taxes.
Section 6-17-90. Lien of bonds on revenues and other security.
Section 6-17-95. Municipalities providing hospital, nursing home, or care facilities; mortgages.
Section 6-17-100. Holders of refunding bonds may be given rights and remedies of owners.
Section 6-17-110. All refunding bonds shall be ratably secured.
Section 6-17-120. Liability of funds other than pledged revenue of municipality on refunding bonds.
Section 6-17-130. Execution by former officers shall be valid.
Section 6-17-150. Sale or exchange of bonds.
Section 6-17-160. Purposes for which refunding bonds may be exchanged; payment of accrued interest.
Section 6-17-170. Manner in which refunding bonds shall be sold.
Section 6-17-180. Duties of municipality and officers, agents and employees.
Section 6-17-190. Fiscal agent.
Section 6-17-200. Appointment of receiver of enterprise.
Section 6-17-210. Powers and duties of receiver.
Section 6-17-220. Receiver shall be subject to court orders.
Section 6-17-230. Receiver shall not sell or otherwise dispose of property.
Section 6-17-240. Discharge of receiver.
Section 6-17-250. Rights and remedies of holders of bonds.
Section 6-17-260. Remedies shall be cumulative.
Section 6-17-270. Effect of waiver or delay in invoking remedy.
Section 6-17-280. Effect of abandonment or loss of suit.
Section 6-17-290. Compliance with chapter shall be sufficient for issuance of bonds.
Section 6-17-300. Debts of municipality are not authorized.
Section 6-17-310. Existing rights shall not be impaired by chapter.
Section 6-17-320. Chapter is supplemental and shall be liberally construed.