1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2003 Session

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This statutory database is current through the 2003 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2004 General Assembly, which will convene in January 2004, will be incorporated as soon as possible. Some changes enacted by the 2004 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.

Title 15 - Civil Remedies and Procedures

CHAPTER 1.

GENERAL PROVISIONS

SECTION 15-1-10. Rules of construction.

The rule of common law that statutes in derogation of that law are to be strictly construed has no application to this Title.

SECTION 15-1-20. [1962 Code Section 10-2; 1952 Code Section 10-2; 1942 Code Section 821; 1932 Code Section 821; Civ. P. '22 Section 759; Civ. P. '12 Section 445; Civ. P. '02 Section 407; 1870 (14) Section 422; 1980 Act No. 311] Repealed 1985 Act No. 100, eff July 1, 1985.

SECTION 15-1-30. "Real property" and "real estate" defined.

The words "real property" and "real estate" as used in this Title are coextensive with lands, tenements and hereditaments.

SECTION 15-1-40. "Personal property" defined.

The words "personal property," as used in this Title, include money, goods, chattels, things in action and evidences of debt.

SECTION 15-1-50. "Property" defined.

The word "property," as used in this Title, includes both real and personal property.

SECTION 15-1-60. "Clerk" defined.

The word "clerk", as used in this title, signifies the clerk of the court where the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified.

SECTIONS 15-1-70 to 15-1-210. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-1-70. [1962 Code Section 10-7; 1952 Code Section 10-7; 1942 Code Section 1; 1932 Code Section 1; Civ. P. '22 Section 1; Civ. P. '12 Section 1; Civ. P. '02 Section 1; 1870 (14) 423 Section 1] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-80 was entitled: One form of action established.

SECTION 15-1-80. [1962 Code Section 10-8; 1952 Code Section 10-8; 1942 Code Section 352; 1932 Code Section 352; Civ. P. '22 Section 308; Civ. P. '12 Section 114; Civ. P. '02 Section 89; 1870 (14) Section 92] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-90 was entitled: "Action" defined.

SECTION 15-1-90. [1962 Code Section 10-9; 1952 Code Section 10-9; 1942 Code Section 2; 1932 Code Section 2; Civ. P. '22 Section 2; Civ. P. '12 Section 2; Civ. P. '02 Section 2; 1870 (14) 423 Section 2] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-100 was entitled: "Special proceeding" defined.

SECTION 15-1-100. [1962 Code Section 10-10; 1952 Code Section 10-10; 1942 Code Section 3; 1932 Code Section 3; Civ. P. '22 Section 3; Civ. P. '12 Section 3; Civ. P. '02 Section 3; 1870 (14) 423 Section 3] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-110 was entitled: Division of actions into civil and criminal.

SECTION 15-1-110. [1962 Code Section 10-11; 1952 Code Section 10-11; 1942 Code Section 4; 1932 Code Section 4; Civ. P. '22 Section 4; Civ. P. '12 Section 4; Civ. P. '02 Section 4; 1870 (14) 423 Section 4] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-120 was entitled: "Civil action" defined.

SECTION 15-1-120. [1962 Code Section 10-12; 1952 Code Section 10-12; 1942 Code Section 6; 1932 Code Section 6; Civ. P. '22 Section 6; Civ. P. '12 Section 6; Civ. P. '02 Section 6; 1870 (14) 423 Section 6] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-130 was entitled: Cases not provided for by this Title.

SECTION 15-1-130. [1962 Code Section 10-13; 1952 Code Section 10-13; 1942 Code Section 903; 1932 Code Section 903; Civ. P. '22 Section 851; Civ. P. '12 Section 488; Civ. P. '02 Section 449; 1870 (14) 528 Section 471] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-140 was entitled: Civil and criminal remedies not merged.

SECTION 15-1-140. [1962 Code Section 10-14; 1952 Code Section 10-14; 1942 Code Section 7; 1932 Code Section 7; Civ. P. '22 Section 7; Civ. P. '12 Section 7; Civ. P. '02 Section 7; 1870 (14) 423 Section 7] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-150 was entitled: Exception to rule that civil and criminal remedies are not merged.

SECTION 15-1-150. [1962 Code Section 10-15; 1952 Code Section 10-15; 1942 Code Section 1185; 1932 Code Section 1185; Cr. C. '22 Section 75; Cr. C. '12 Section 224; Cr. C. '02 Section 172; G. S. 2502; R. S. 167; 1857 (12) 605] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-160 was entitled: Supreme Court justices shall meet and make circuit court rules.

SECTION 15-1-160. [1962 Code Section 10-16; 1952 Code Section 10-16; 1942 Code Section 904; 1932 Code Section 904; Civ. P. '22 Section 852; Civ. P. '12 Section 489; Civ. P. '02 Section 450; 1870 (14) 528 Section 473; 1882 (18) 56; 1908 (25) 1035]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-170 was entitled: Rules for Supreme Court.

SECTION 15-1-170. [1962 Code Section 10-17; 1952 Code Section 10-17; 1942 Code Section 905; 1932 Code Section 905; Civ. P. '22 Section 853; Civ. P. '12 Section 490; Civ. P. '02 Section 451; 1870 (14) 528 Section 474] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-180 was entitled: Equity rules shall prevail in cases of conflict with common law rules.

SECTION 15-1-180. [1962 Code Section 10-18; 1952 Code Section 10-18; 1942 Code Section 906; 1932 Code Section 906; Civ. P. '22 Section 854; Civ. P. '12 Section 492; Civ. P. '02 Section 453; 1870 (14) 528 Section 472] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-190 was entitled: Circuit courts always open for certain purposes.

SECTION 15-1-190. [1962 Code Section 10-19; 1952 Code Section 10-19; 1942 Code Section 33; 1932 Code Section 33; Civ. P. '22 Section 32; Civ. P. '12 Section 3830; Civ. C. '02 Section 2733; G. S. 2112; R. S. 2244; 1868 (14) 136] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-200 was entitled: Powers of circuit judges at chambers.

SECTION 15-1-200. [1962 Code Section 10-20; 1952 Code Section 10-20; 1942 Code Section 36; 1932 Code Section 36; 1922 (32) 903] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-210 was entitled: Entitling affidavits.

SECTION 15-1-210. [1962 Code Section 10-21; 1952 Code Section 10-21; 1942 Code Section 825; 1932 Code Section 825; Civ. P. '22 Section 758; Civ. P. '12 Section 444; Civ. P. '02 Section 406; 1870 (14) 518 Section 421] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTIONS 15-1-70 to 15-1-210. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-1-70. [1962 Code Section 10-7; 1952 Code Section 10-7; 1942 Code Section 1; 1932 Code Section 1; Civ. P. '22 Section 1; Civ. P. '12 Section 1; Civ. P. '02 Section 1; 1870 (14) 423 Section 1] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-80 was entitled: One form of action established.

SECTION 15-1-80. [1962 Code Section 10-8; 1952 Code Section 10-8; 1942 Code Section 352; 1932 Code Section 352; Civ. P. '22 Section 308; Civ. P. '12 Section 114; Civ. P. '02 Section 89; 1870 (14) Section 92] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-90 was entitled: "Action" defined.

SECTION 15-1-90. [1962 Code Section 10-9; 1952 Code Section 10-9; 1942 Code Section 2; 1932 Code Section 2; Civ. P. '22 Section 2; Civ. P. '12 Section 2; Civ. P. '02 Section 2; 1870 (14) 423 Section 2] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-100 was entitled: "Special proceeding" defined.

SECTION 15-1-100. [1962 Code Section 10-10; 1952 Code Section 10-10; 1942 Code Section 3; 1932 Code Section 3; Civ. P. '22 Section 3; Civ. P. '12 Section 3; Civ. P. '02 Section 3; 1870 (14) 423 Section 3] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-110 was entitled: Division of actions into civil and criminal.

SECTION 15-1-110. [1962 Code Section 10-11; 1952 Code Section 10-11; 1942 Code Section 4; 1932 Code Section 4; Civ. P. '22 Section 4; Civ. P. '12 Section 4; Civ. P. '02 Section 4; 1870 (14) 423 Section 4] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-120 was entitled: "Civil action" defined.

SECTION 15-1-120. [1962 Code Section 10-12; 1952 Code Section 10-12; 1942 Code Section 6; 1932 Code Section 6; Civ. P. '22 Section 6; Civ. P. '12 Section 6; Civ. P. '02 Section 6; 1870 (14) 423 Section 6] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-130 was entitled: Cases not provided for by this Title.

SECTION 15-1-130. [1962 Code Section 10-13; 1952 Code Section 10-13; 1942 Code Section 903; 1932 Code Section 903; Civ. P. '22 Section 851; Civ. P. '12 Section 488; Civ. P. '02 Section 449; 1870 (14) 528 Section 471] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-140 was entitled: Civil and criminal remedies not merged.

SECTION 15-1-140. [1962 Code Section 10-14; 1952 Code Section 10-14; 1942 Code Section 7; 1932 Code Section 7; Civ. P. '22 Section 7; Civ. P. '12 Section 7; Civ. P. '02 Section 7; 1870 (14) 423 Section 7] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-150 was entitled: Exception to rule that civil and criminal remedies are not merged.

SECTION 15-1-150. [1962 Code Section 10-15; 1952 Code Section 10-15; 1942 Code Section 1185; 1932 Code Section 1185; Cr. C. '22 Section 75; Cr. C. '12 Section 224; Cr. C. '02 Section 172; G. S. 2502; R. S. 167; 1857 (12) 605] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-160 was entitled: Supreme Court justices shall meet and make circuit court rules.

SECTION 15-1-160. [1962 Code Section 10-16; 1952 Code Section 10-16; 1942 Code Section 904; 1932 Code Section 904; Civ. P. '22 Section 852; Civ. P. '12 Section 489; Civ. P. '02 Section 450; 1870 (14) 528 Section 473; 1882 (18) 56; 1908 (25) 1035]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-170 was entitled: Rules for Supreme Court.

SECTION 15-1-170. [1962 Code Section 10-17; 1952 Code Section 10-17; 1942 Code Section 905; 1932 Code Section 905; Civ. P. '22 Section 853; Civ. P. '12 Section 490; Civ. P. '02 Section 451; 1870 (14) 528 Section 474] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-180 was entitled: Equity rules shall prevail in cases of conflict with common law rules.

SECTION 15-1-180. [1962 Code Section 10-18; 1952 Code Section 10-18; 1942 Code Section 906; 1932 Code Section 906; Civ. P. '22 Section 854; Civ. P. '12 Section 492; Civ. P. '02 Section 453; 1870 (14) 528 Section 472] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-190 was entitled: Circuit courts always open for certain purposes.

SECTION 15-1-190. [1962 Code Section 10-19; 1952 Code Section 10-19; 1942 Code Section 33; 1932 Code Section 33; Civ. P. '22 Section 32; Civ. P. '12 Section 3830; Civ. C. '02 Section 2733; G. S. 2112; R. S. 2244; 1868 (14) 136] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-200 was entitled: Powers of circuit judges at chambers.

SECTION 15-1-200. [1962 Code Section 10-20; 1952 Code Section 10-20; 1942 Code Section 36; 1932 Code Section 36; 1922 (32) 903] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-1-210 was entitled: Entitling affidavits.

SECTION 15-1-210. [1962 Code Section 10-21; 1952 Code Section 10-21; 1942 Code Section 825; 1932 Code Section 825; Civ. P. '22 Section 758; Civ. P. '12 Section 444; Civ. P. '02 Section 406; 1870 (14) 518 Section 421] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-1-220. Filing of undertakings.

The various undertakings required to be given by this Title must be filed with the clerk of the appropriate court unless the court expressly provides for a different disposition thereof, except that the undertakings provided for by Chapter 69 of this Title shall, after the justification of the sureties, be delivered by the sheriffs to the parties, respectively, for whose benefit they are taken.

SECTION 15-1-230. Bonds in judicial proceedings.

In all judicial proceedings, whenever it may become necessary for any party thereto to give a bond for any purpose, the bond of such party having as surety thereon any surety company authorized to do business in this State may be accepted by any officer or court whose duty is to approve such bond, without other surety. The provisions of this section shall apply to bonds given in connection with any appellate proceeding for the purpose of obtaining supersedeas or for any other purpose. And in all actions or proceedings the party entitled to recover costs may include therein such reasonable sum as may have been paid such company executing or guaranteeing any bond or undertaking therein. No person having the approval of any such bond shall exact that it be furnished by a guaranty company or any particular guaranty company.

SECTION 15-1-240. Sheriff shall not take attorney at law or officer of court as bail.

No sheriff shall take any attorney at law or officer of court as bail for any person whomsoever in any civil case.

SECTION 15-1-250. Cash deposit in lieu of bond.

Whenever it shall be necessary for a party to any action or proceeding to give a bond or an undertaking with surety or sureties he may, in lieu thereof, deposit with the officer or into the court, as the case may require, money to the amount for which the bond or undertaking is to be given. The court in which such action or proceeding is pending may direct what disposition shall be made of such money, pending the action or proceeding. In any case in which, by this section, the money is to be deposited with an officer, a judge of the court, in term or at chambers, upon the application of either party, may, before such deposit is made, order it to be deposited in court instead of with such officer and a deposit made pursuant to such order shall be of the same effect as if made with such officer.

SECTION 15-1-260. Payment of deposit in lieu of bond.

Whenever such bond, recognizance or undertaking is required or authorized to be given in any civil proceeding:

(1) In the courts of common pleas of this State the sum of money deposited in lieu thereof shall be paid to the clerk of the court of common pleas in which such proceeding is pending;

(2) In the Supreme Court or court of appeals of this State the sum of money shall be paid to the clerk of that appellate court;

(3) In the probate courts of this State such sum of money shall be paid to the judge of the court of probate in which the proceeding is pending; and

(4) In a magistrate's court or other court of inferior jurisdiction, such sum of money shall be paid to the clerk of the court of common pleas for the county in which such magistrate's court or other court of inferior jurisdiction shall be.

SECTION 15-1-270. Receipt for deposit.

Whenever any sum of money is so deposited in lieu of a bond, recognizance or undertaking the person depositing it shall be entitled to a receipt therefor, stating that such sum of money has been deposited and is held for the same purpose as would have been specified and conditioned in the bond, recognizance or undertaking in lieu whereof such sum of money is so deposited.

SECTION 15-1-280. Return of deposit.

The person so depositing a sum of money in lieu of a bond, recognizance or undertaking shall be entitled upon application to the court wherein such deposit has been made and subject to the order on which such funds are held to receive back such sum whenever the purposes for which it has been received and deposited have been accomplished and the person is entitled to repayment thereof.

SECTION 15-1-290. Liability for injury to guests in car.

No person transported by an owner or operator of a motor vehicle as his guest without payment for such transportation shall have a cause of action for damages against such motor vehicle or its owner or operator for injury, death or loss in case of an accident unless such accident shall have been intentional on the part of such owner or operator or caused by his heedlessness or his reckless disregard of the rights of others.

This section shall not relieve a public carrier or any owner or operator of a motor vehicle which is being demonstrated to a prospective purchaser of responsibility for any injuries sustained by a passenger while being transported by such public carrier or while such motor vehicle is being so demonstrated.

SECTION 15-1-300. Contributory negligence shall not bar recovery in motor vehicle accident action.

In any motor vehicle accident, contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such contributory negligence was equal to or less than the negligence which must be established in order to recover from the party against whom recovery is sought.

SECTION 15-1-310. Liability for emergency care rendered at scene of accident.

Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.

SECTION 15-1-320. to minors in State laws mean persons under age of 18 years; exceptions; presumption that minors were persons under age of 21 in certain wills, trusts and deeds.

(a) All references to minors in the law of this State shall after February 6, 1975, be deemed to mean persons under the age of eighteen years except in laws relating to the sale of alcoholic beverages; provided, however, that any person performing any act or receiving any property, rights or responsibilities pursuant to an instrument executed prior to February 6, 1975, shall have his majority or minority determined by the law relating to majority or minority in existence at the time of the execution of such instrument.

(b) Persons executing wills, trusts and deeds prior to February 6, 1975, shall be presumed to have intended that minors were persons under the age of twenty-one years in the absence of facts which would indicate a contrary intention.

SECTION 15-1-330. "Year 2000" computer failure immunity.

A governmental entity is not liable for a loss arising from the failure of a computer, software program, database, network, information system, firmware, or any other device, whether operated by or on behalf of the governmental entity, to interpret, produce, calculate, generate, or account for a date which is compatible with the "Year 2000" date change. However, this immunity does not apply to a governmental entity which programmed and operated the device itself in a wilful, wanton, reckless, or grossly negligent manner thereby causing a Year 2000 computer failure.





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