South Carolina § 23-17-40 Official misconduct for remaining in contempt after attachment.

South Carolina Statutes

§ 23-17-40 — Official misconduct for remaining in contempt after attachment.

South Carolina § 23-17-40

Title 23LAW ENFORCEMENT AND PUBLIC SAFETY

Ch. 17LIABILITIES OF SHERIFFS AND DEPUTY SHERIFFS

This text of South Carolina § 23-17-40 (Official misconduct for remaining in contempt after attachment.) 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. § 23-17-40 (2026).

Text

If any sheriff shall be attached for contempt for failing to execute or return final process in any civil suit or for not paying over to the party entitled thereto money which has come into his hands as sheriff and shall remain in contempt for the space of thirty days after such attachment is ordered, he shall be guilty of official misconduct and shall be liable to be proceeded against by indictment and, on conviction, be liable to a fine of not exceeding one thousand dollars and imprisonment not exceeding one year and be removed from office. But nothing herein contained shall be construed to deprive any such sheriff of his right to appeal from any order against him for a contempt, nor shall the provisions of this section be taken to apply during the pendency of such appeal, nor until such

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If any sheriff shall be attached for contempt for failing to execute or return final process in any civil suit or for not paying over to the party entitled thereto money which has come into his hands as sheriff and shall remain in contempt for the space of thirty days after such attachment is ordered, he shall be guilty of official misconduct and shall be liable to be proceeded against by indictment and, on conviction, be liable to a fine of not exceeding one thousand dollars and imprisonment not exceeding one year and be removed from office. But nothing herein contained shall be construed to deprive any such sheriff of his right to appeal from any order against him for a contempt, nor shall the provisions of this section be taken to apply during the pendency of such appeal, nor until such an appeal has been finally dismissed.

Legislative History

HISTORY: 1962 Code SECTION 53-214; 1952 Code SECTION 53-214; 1942 Code SECTION 1531; 1932 Code SECTION 1531; Cr. C. '22 SECTION 478; Cr. C. '12 SECTION 552; Cr. C. '02 SECTION 395; G. S. 674; R. S. 312; 1844 (11) 296.