South Carolina § 17-17-40 Authority of any two magistrates to grant writs of habeas corpus.

South Carolina Statutes

§ 17-17-40 — Authority of any two magistrates to grant writs of habeas corpus.

South Carolina § 17-17-40

Title 17CRIMINAL PROCEDURES

Ch. 17HABEAS CORPUS

This text of South Carolina § 17-17-40 (Authority of any two magistrates to grant writs of habeas corpus.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 17-17-40 (2026).

Text

Any two magistrates shall grant the writ of habeas corpus as fully, effectually and lawfully as may any judge of the court of common pleas and general sessions or justice of the Supreme Court of this State, except in cases of felony the punishment for which is death or imprisonment for life and except in changing the custody of any child, in which cases magistrates shall have no jurisdiction in applications for habeas corpus.

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Any two magistrates shall grant the writ of habeas corpus as fully, effectually and lawfully as may any judge of the court of common pleas and general sessions or justice of the Supreme Court of this State, except in cases of felony the punishment for which is death or imprisonment for life and except in changing the custody of any child, in which cases magistrates shall have no jurisdiction in applications for habeas corpus.

Legislative History

HISTORY: 1962 Code SECTION 17-354; 1952 Code SECTION 17-354; 1942 Code SECTION 1060; 1932 Code SECTION 1060; Cr. P. '22 SECTION 147; Cr. C. '12 SECTION 129; Cr. C. '02 SECTION 102; G. S. 2335; R. S. 102; 1712 (2) 460; 1839 (11) 23; 1918 (30) 765.