South Carolina § 25-1-3140 Writ when fine has not been paid.

South Carolina Statutes

§ 25-1-3140 — Writ when fine has not been paid.

South Carolina·Title 25 MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS·Ch. 1 MILITARY CODE

When a fine has been assessed by a court-martial against a member of the National Guard of South Carolina and the proceedings of the court have been passed upon by the reviewing authority, and such fine is unpaid, the President, in the case of a general or special court-martial, or the summary court officer, in the case of a summary court-martial, shall issue a writ in substantially the following form. STATE OF SOUTH CAROLINA COUNTY OF ___________ To any sheriff or constable in the State, Greetings: Whereas, ___________ of ___________ in the county of ___________, a member of the National Guard of South Carolina, was on the ____ day of ___________, A. D., 20____, tried and found guilty of ___________ in violation of ___________ and was by court-martial sentenced to pay a fine of $_________

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When a fine has been assessed by a court-martial against a member of the National Guard of South Carolina and the proceedings of the court have been passed upon by the reviewing authority, and such fine is unpaid, the President, in the case of a general or special court-martial, or the summary court officer, in the case of a summary court-martial, shall issue a writ in substantially the following form. STATE OF SOUTH CAROLINA COUNTY OF ___________ To any sheriff or constable in the State, Greetings: Whereas, ___________ of ___________ in the county of ___________, a member of the National Guard of South Carolina, was on the ____ day of ___________, A. D., 20____, tried and found guilty of ___________ in violation of ___________ and was by court-martial sentenced to pay a fine of $___________ or serve ____ days in jail. Whereas, such fine has not been paid. Now, Therefore, by authority of the State of South Carolina, you are hereby commanded to take the body of the said ___________ and commit it to the keeper of the jail in the county of ___________ within such jail, who is hereby commanded to receive the body of said ___________ and keep him safely until he pays the sum above mentioned, or serves ____ days provided said fine due shall be reduced proportionately with the number of days served. Fail not but service and return make within thirty days from this date. Dated at ___________ in the county of ___________ this ____ day of ___________, 20____. Name___________ Rank________ Organization___________ President of ___________ Court National Guard of South Carolina

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Legislative History

HISTORY: [Derived from former SECTION 25-1-3060 (1950 (46) 1881; 1952 Code SECTION 44-215; 1962 Code SECTION 44-207; 1964 (53) 2241)] En by 1984 Act No. 378, SECTION 90; 2024 Act No. 145 (H.4642), SECTION 17, eff May 13, 2024. Editor's Note This form is reprinted to correct printing errors in the main volume. Effect of Amendment 2024 Act No. 145, SECTION 17, in the first undesignated paragraph, substituted "President" for "president", and in the form, substituted "20_" for "19_" in two places.