H 4543 General Bill, By Rice, Bailey, Cato, Clyburn, Easterday, R.J. Herdklotz, 
Robinson, D. Smith and Vaughn
 A Bill to amend Sections 27-37-20 and 27-37-40, Code of Laws of South
 Carolina, 1976, relating to ejectment of tenants by landlords, so as to reduce
 from ten days to five days the time within which a tenant must appear and show
 cause why he should not be ejected; to amend Section 27-37-60, relating to
 trial of ejectment cases, so as to provide that the magistrate shall give such
 cases first priority; and to amend Section 27-37-100, relating to a magistrate
 issuing a writ of ejectment following a verdict for the plaintiff, so as to
 provide that such writs of ejectment must be issued immediately rather than
 within five days of the verdict.

   02/06/96  House  Introduced and read first time HJ-172
   02/06/96  House  Referred to Committee on Judiciary HJ-172

A BILL

TO AMEND SECTIONS 27-37-20 AND 27-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EJECTMENT OF TENANTS BY LANDLORDS, SO AS TO REDUCE FROM TEN DAYS TO FIVE DAYS THE TIME WITHIN WHICH A TENANT MUST APPEAR AND SHOW CAUSE WHY HE SHOULD NOT BE EJECTED; TO AMEND SECTION 27-37-60, RELATING TO TRIAL OF EJECTMENT CASES, SO AS TO PROVIDE THAT THE MAGISTRATE SHALL GIVE SUCH CASES FIRST PRIORITY; AND TO AMEND SECTION 27-37-100, RELATING TO A MAGISTRATE ISSUING A WRIT OF EJECTMENT FOLLOWING A VERDICT FOR THE PLAINTIFF, SO AS TO PROVIDE THAT SUCH WRITS OF EJECTMENT MUST BE ISSUED IMMEDIATELY RATHER THAN WITHIN FIVE DAYS OF THE VERDICT.

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

SECTION 1. Section 27-37-20 of the 1976 Code is amended to read:

"Section 27-37-20. Any A tenant may be ejected in the following manner, to wit provided in this chapter: Upon application by the landlord or his agent or attorney, any a magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith immediately to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten five days after service of a copy of such the rule upon the tenant."

SECTION 2. Section 27-37-40 of the 1976 Code is amended to read:

"Section 27-37-40. If the tenant fails to appear and show cause within the aforesaid ten five days as stipulated in Section 27-37-20, then the magistrate shall issue a warrant of ejectment, and the tenant shall be ejected by his regular or special constable or by the sheriff of the county."

SECTION 3. Section 27-37-60 of the 1976 Code is amended to read:

"Section 27-37-60. If the tenant appear appears and contest contests ejectment, the magistrate shall forthwith immediately hear and determine the case as any other civil case, but giving it first priority along with any other such pending cases, allowing trial by jury if demanded by either party."

SECTION 4. Section 27-37-100 of the 1976 Code is amended to read:

"Section 27-37-100. If the verdict be is for the plaintiff the magistrate shall within five days immediately shall issue a writ of ejectment and the tenant shall be ejected by the constable or special constable or the sheriff of the county."

SECTION 5. This act takes effect upon approval by the Governor.