South Carolina General Assembly
103rd Session, 1979-1980

Bill 1079

                    Current Status

Bill Number:               1079
Ratification Number:       519
Act Number                 610
Introducing Body:          Senate
Subject:                   Appointment of magistrates for Horry
                           County
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A610, R519, S1079)

AN ACT TO PROVIDE FOR AN ADDITIONAL SPECIAL MAGISTRATE IN HORRY COUNTY TO SERVE DURING HOURS OTHER MAGISTRATES' OFFICES ARE CUSTOMARILY CLOSED; TO PROVIDE FOR THE JURISDICTION AND DUTIES OF SUCH MAGISTRATE; AND TO ASSIGN PRIMARY AREAS IN THE COUNTY IN WHICH EACH SPECIAL MAGISTRATE SHALL BE LOCATED.

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

Appointment of magistrates for Horry County

Section 1. Notwithstanding any other provision of law, in addition to the eight magistrates of Horry County appointed from particular districts, there shall be two special magistrates appointed upon appropriation of the necessary funds therefor by the governing body of Horry County. These two special magistrates shall have county-wide criminal jurisdiction only and shall have duties as follows:

(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 prisoner 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.

They shall be available at all hours at nighttime and on weekends during he periods when the magisterial offices are customarily closed and shall not permit the trial before them of any cause, but upon the approval and acceptance of an adequate bond they shall forthwith transfer the cause, together with the bond and warrant, if any, to a magistrate having proper jurisdiction. The special magistrates shall take the usual oath of office taken by other magistrates in the county and shall post a surety bond in the sum of two thousand dollars with the Clerk of Court for Horry County, the cost of which shall be paid by Horry County.

The present special magistrate of the county authorized by the provisions of Section 3 of Act 207 of 1977 (Section 43-821 of the 1962 Code) shall continue to serve after the effective date of this act and shall be assigned to the Conway area of the county and the second special magistrate for the county authorized by the provisions of this act upon appointment shall be assigned to the Myrtle Beach area of the county; provided, however, that nothing herein shall be construed as requiring such special magistrates to work or be located solely in such areas designated above.

Time Effective

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