South Carolina § 16-5-40 Duty of officers to execute warrants.

South Carolina Statutes

§ 16-5-40 — Duty of officers to execute warrants.

South Carolina § 16-5-40

Title 16CRIMES AND OFFENSES

Ch. 5OFFENSES AGAINST CIVIL RIGHTS

This text of South Carolina § 16-5-40 (Duty of officers to execute warrants.) 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. § 16-5-40 (2026).

Text

All sheriffs, constables, and other officers specially empowered shall obey and execute all warrants and other processes issued under the provisions of Sections 16-5-10, 16-5-20, or 16-5-50 and directed to them. If a sheriff, constable, or other officer specially empowered refuses to receive a warrant or other process when tendered to him or neglects or refuses to execute the same, he is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned not more than three years. Fines collected are for use of citizens deprived of the rights secured by the provisions of this chapter. Warrants and other processes run with and are executed by officers anywhere within the circuit or county in which they are issued.

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All sheriffs, constables, and other officers specially empowered shall obey and execute all warrants and other processes issued under the provisions of Sections 16-5-10, 16-5-20, or 16-5-50 and directed to them. If a sheriff, constable, or other officer specially empowered refuses to receive a warrant or other process when tendered to him or neglects or refuses to execute the same, he is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned not more than three years. Fines collected are for use of citizens deprived of the rights secured by the provisions of this chapter. Warrants and other processes run with and are executed by officers anywhere within the circuit or county in which they are issued.

Legislative History

HISTORY: 1962 Code SECTION 16-104; 1952 Code SECTION 16-104; 1942 Code SECTION 1382; 1932 Code SECTION 1382; Cr. C. '22 SECTION 312; Cr. C. '12 SECTION 322; Cr. C. '02 SECTION 235; G. S. 2569; R. S. 200; 1871 (14) 560; 1993 Act No. 184, SECTION 163.