South Carolina Legislature


 

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H*2992
Session 104 (1981-1982)


H*2992(Rat #0204, Act #0273 of 1981)  General Bill, By P. Freeman and 
J.C. Hayes
 A Bill to provide for a special magistrate for York CountyNext and provide for his
 jurisdiction, powers and duties.

   06/02/81  House  Introduced and read first time HJ-2752
   06/02/81  House  Referred to delegation from York HJ-2752
   06/17/81  House  Delegation report: Favorable York HJ-3247
   06/18/81  House  Read second time HJ-3298
   06/23/81  House  Read third time and sent to Senate HJ-3323
   06/24/81  Senate  Intd. & placed on loc. & uncontested cal. w/o
                     reference SJ-4
   06/25/81  Senate Read second time SJ-8
   06/30/81  Senate Read third time and enrolled SJ-6
   07/01/81  House  Ratified R 204 HJ-3501
   07/01/81         Signed By Governor
   07/01/81         Effective date 07/01/81
   07/01/81         Act No. 273
   07/17/81         Copies available



(A273, R204, S2992)

AN ACT TO PROVIDE FOR A SPECIAL MAGISTRATE FOR YORK PreviousCOUNTYNext AND PROVIDE FOR HIS JURISDICTION, POWERS AND DUTIES.

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

Special magistrate for York PreviousCountyNext

SECTION 1. In addition to the other magistrates for York PreviousCountyNext as provided by law, there shall be a special magistrate for York PreviousCountyNext who shall be appointed by the Governor upon the advice and consent of the Senate to serve a term of four years and until his successor is appointed and qualifies. He shall have PreviouscountywideNext criminal jurisdiction only and with respect thereto shall have the following powers and authority:

(1) To issue criminal warrants;

(2) To approve and accept written bonds in criminal matters or in lieu of written bonds to approve and accept cash bonds;

(3) To order the release of prisoners when proper and adequate bonds have been duly posted;

(4) To transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.

He shall be available at all hours at nighttime and on weekends during the periods when other magisterial offices are customarily closed. He shall not permit the trial before him of any cause but upon the approval and acceptance of an adequate bond he shall forthwith transfer the cause, together with the bond and warrant, if any, to a magistrate having proper jurisdiction. The special magistrate shall take the usual oath of office taken by other magistrates in the PreviouscountyNext and shall post a surety bond in the sum of one thousand dollars with the clerk of court for York PreviousCountyNext, the cost of which shall be paid by York PreviousCountyNext. The compensation of such special magistrate shall be set by the governing body of the Previouscounty.

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.

Approved the 1st day of July, 1981.




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