South Carolina Legislature


 

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H*4093
Session 110 (1993-1994)


H*4093(Rat #0581, Act #0488)  General Bill, By B.H. Harwell, Bailey, Jennings, 
M.H. Kinon, Sharpe and Spearman
 A Bill to amend Section 22-3-10, Code of Laws of South Carolina, 1976,
 relating to magistrates' civil jurisdiction in certain cases, so as to
 increase this jurisdiction from two thousand five hundred dollars to five
 thousand dollars effective January 1, 1996.-amended title

   04/14/93  House  Introduced and read first time HJ-63
   04/14/93  House  Referred to Committee on Judiciary HJ-63
   04/20/94  House  Committee report: Favorable Judiciary HJ-3
   05/05/94  House  Amended HJ-14
   05/05/94  House  Objection by Rep. Rudnick HJ-15
   05/05/94  House  Read second time HJ-15
   05/10/94  House  Read third time and sent to Senate HJ-18
   05/11/94  Senate Introduced and read first time SJ-67
   05/11/94  Senate Referred to Committee on Judiciary SJ-67
   05/12/94  Senate Recalled from Committee on Judiciary SJ-11
   05/17/94  Senate Amended SJ-400
   05/17/94  Senate Read second time SJ-400
   05/17/94  Senate Ordered to third reading with notice of
                     amendments SJ-400
   05/25/94  Senate Amended SJ-19
   05/25/94  Senate Read third time and returned to House with
                     amendments SJ-19
   06/01/94  House  Concurred in Senate amendment and enrolled HJ-272
   06/02/94         Ratified R 581
   07/14/94         Signed By Governor
   07/14/94         Effective date 01/01/96
   07/26/94         Copies available



(A488, R581, H4093)

AN ACT TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS EFFECTIVE JANUARY 1, 1996.

Be it enacted by the General Assembly of the State of South Carolina:

Magistrate's civil jurisdiction increased

SECTION 1. Section 22-3-10 of the 1976 Code is amended to read:

"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:

(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed five thousand dollars;

(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed five thousand dollars;

(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed five thousand dollars;

(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed five thousand dollars;

(5) in actions upon a bond conditioned for the payment of money, not exceeding five thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed five thousand dollars;

(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by Section 15-35-190;

(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed five thousand dollars;

(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed five thousand dollars;

(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27; and

(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of five thousand dollars." Time effective

SECTION 2. This act takes effect January 1, 1996.

Approved the 14th day of July, 1994.




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