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House Amendment 1
H 4457 - Session 121 (2015-2016)
Civil jurisdiction of magistrate courts
View Vote History
Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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 seven
twenty-five thousand five hundred
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 seven twenty-five thousand
five hundred dollars;
(3)
in actions for a penalty, fine, or forfeiture, when the
amount claimed of forfeited does not exceed
seven twenty-five thousand five
hundred dollars;
(4)
in actions commenced by attachment of property, as
provided by statute, if the debt or damages claimed do not
exceed seven twenty-five thousand
five hundred dollars;
(5)
in actions upon a bond conditioned for the payment of
money, not exceeding seven twenty-five
thousand five hundred 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 seven
twenty-five thousand five hundred
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 the
South Carolina Rules of Civil Procedure;
(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 seven
twenty-five thousand five hundred
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 seven twenty-five
thousand five hundred dollars;
(10)
in all matters between landlord and tenant and the
possession of land as provided in Chapters 33 through 41
of, Title 27;
(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 seven twenty-five thousand
five hundred dollars;
(12)
in all actions provided for in this section when a filed
counterclaim involves a sum not to exceed seven
twenty-five thousand five hundred
dollars, except that this limitation does not apply to
counterclaims filed in matters between landlord and tenant and
the possession of land;
(13)
in interpleader actions arising from real estate contracts
for the recovery of earnest money, only if the sum claimed does
not exceed seven twenty-five thousand
five hundred dollars; and
(14)
in actions for damages arising from a person's failure to
return leased or rented property within seventy-two hours after
the expiration of the lease or rental agreement, such damages to
be based on the loss of revenue or replacement value of the
property, whichever is less, if the damages claimed do not
exceed seven twenty-five thousand
five hundred dollars; however, the lease or
rental agreement must set forth the manner in which the amount
of the loss of revenue or replacement value of the item leased
or rented is calculated."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.