§ 29-1-30 — Wilful sale of property on which lien exists.

South Carolina § 29-1-30

• Jurisdiction: South Carolina
• Title 29: MORTGAGES AND OTHER LIENS
• Ch. 1: GENERAL PROVISIONS

Text

Any person who shall wilfully and knowingly sell and convey any real or personal property on which any lien exists without first giving notice of such lien to the purchaser of such real or personal property shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be imprisoned for a term of not less than ten days nor more than three years and be fined not less than ten dollars nor more than five thousand dollars, either or both in the discretion of the court. But the penalties enumerated in this section shall not apply to public officers in the discharge of their official duties. When the value of such property is less than fifty dollars the offense may be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury. When the case is within the jurisdiction of the magistrate's court, the court of general sessions shall have concurrent jurisdiction with the magistrate's court.

Legislative History

HISTORY: 1962 Code SECTION 45-4; 1952 Code SECTION 45-4; 1942 Code SECTION 1276; 1932 Code SECTION 1276; Cr. C. '22 SECTION 171; Cr. C. '12 SECTION 446; Cr. C. '02 SECTION 336; G. S. 2514; R. S. 276; 1872 (15) 332; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824; 1964 (53) 1719.