H 3090 General Bill, By J.L.M. Cromer and Stille

Similar(S 327)
 A Bill to amend Section 8-21-1010, as amended, Code of Laws of South Carolina,
 1976, relating to the schedule of fees and costs to be collected in
 magistrate's court, so as to revise certain of these fees and costs.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-33
   01/10/95  House  Referred to Committee on Judiciary HJ-34
   02/01/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   02/02/95  House  Amended HJ-35
   02/02/95  House  Read second time HJ-35
   02/02/95  House  Unanimous consent for third reading on next
                     legislative day HJ-35
   02/03/95  House  Read third time and sent to Senate HJ-1
   02/07/95  Senate Introduced and read first time SJ-17
   02/07/95  Senate Referred to Committee on Judiciary SJ-17

AMENDED

February 2, 1995

H. 3090

S. Printed 2/2/95--H.

Read the first time January 10, 1995.

A BILL

TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN MAGISTRATE'S COURT, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

Amend Title To Conform

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

SECTION 1. Section 8-21-1010 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:

"Section 8-21-1010. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1) for taking civil recognizance, with or without sureties, five dollars;

(2) for granting an order for civil special bail, with or without sureties, five dollars;

(3) for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;

(4) for administering and certifying oaths or documents in writing, two dollars;

(5) for issuing any prerogative writ, five dollars;

(6)(a) in all civil actions where the amount in controversy is less than two thousand five hundred dollars, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, twenty-five dollars;

(b) in all civil actions where the amount in controversy is two thousand five hundred dollars or more but not exceeding five thousand dollars, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, fifty dollars;

(7) for issuing execution and renewal thereof, ten dollars;

(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;

(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, ten twenty-five dollars;

(10) for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer of either;

(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;

(12) for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds, five dollars;

(13) for each tax execution collected, five dollars;

(14) for filing or issuing any other paper not provided for in this section, five dollars.

No fees or costs may be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had Where a jury trial is requested in a civil action in magistrate's court, an additional fee of seventy-five dollars is required, to be paid by the party requesting the jury trial and to be taxed against the losing party."

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