CONTENTS OF THE CRIMINAL STATUTES. TITLE I. CRIMINAL PROCEDURE. PAGE. CHAPTER I. Arrests, Examination, Commitment and Bail... 263 CHAPTER II. Jurisdiction of Trial Justices and their Courts. 266 CHAPTER IX. Offenses Against the Person... CHAPTER X. Offenses Against Property... XIV. Offenses Against Chastity, Morality and CHAPTER XV. Offenses Against Public Health. 274 276 277 281 284 287 294 311 328 332 338 347 350 355 CHAPTER XVII. Forgery and Offenses Against the Currency.. 362 CHAPTER XVIII. Offenses by Certain Officers... CHAPTER 365 XIX. Violations of the Provisions Regulating the CHAPTER 387 CHAPTER XXI. Violation of the Laws Regulating the Assess- 388 CHAPTER XXII. Bastardy... 390 392 PAGE. CHAPTER XXVIII. Violation of the License Laws by Insurance and other Companies, Emigrant Agents, CRIMINAL LAW. TITLE I. CRIMINAL PROCEDURE. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER I.-Of Arrests, Examination, Commitment and II.-Jurisdiction of Trial Justices and Their III.-Proceedings in Courts of Sessions. CHAPTER VI.-Of Appeals and New Trials. Section 1. (2616.) Upon view of a felony committed, or Who may arrest a felon, and upon certain information that a felony has been committed, any resta person may arrest the felon and take him to a Judge or Trial 18c6, XIII., 406, Justice, to be dealt with according to law. It is sufficient to justify an arrest in this State, by private persons, without warrant, to show that prima facie a felony has been committed in a sister State and the party arrested is the perpetrator.-State v. Anderson, 1 Hill, 327. § 11. When citizens may arrest, and Sec. 2. (2617.) It shall be lawful for any citizen to arrest any the means to be person in the night time, by such efficient means as the darkness used. Ib., § 12. A. D. 1891. No civil process to be exe person attending musters. and the probability of his escape render necessary, even if his life should thereby be taken, in cases where he has committed a felony, or has entered a dwelling house with evil intent, or has broken or is breaking into an out-house with a view to plunder, or has in his possession stolen property, or, being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed. Sec. 3. (2618.) No civil officer shall execute any process cuted on any arresting and confining the person, or requiring bail or surety, (unless for treason, felony or breach of the peace,) on any person $16: 1839, XI., engaged in the military service required by the laws of this State, going to or returning from the same, under the penalty of twentyfive dollars, and the service of any such process shall be void. 1794, VIII., 489, 41, 812; 1841, XI., 210, § 161. 1. Officers may issue warrants proceedings in This Section does not extend to commissioned officers in the volunteer service of the United States.-Moses v. Millett, 3 Strob., 210. Applied.—Gregg v. Summers, 1 McC, 461. Sec. 4. (2620.) 1. Any officer in the State authorized by law for arrest of to issue warrants for the arrest of persons charged with crime fugitives charged with crime; shall, on satisfactory information, laid before him under the oath relation thereto of any credible person, that any fugitive in the State has com1882, XVII., 784. mitted, out of the State, and within any other State, any offense which by the law of the State in which the offense was committed is punishable either capitally or by imprisonment for one year or upwards in any State prison, shall have full power and authority, and is hereby required, to issue a warrant for said fugitive, and commit him to any jail within the State for the space of twenty days, unless sooner demanded by the public authorities of the State wherein the offense may have been committed, agreeable to the Act of Congress in that case made and provided; if no demand be made within the time, the said fugitive shall be liberated, unless sufficient cause be shown to the contrary Provided, That nothing herein contained shall be construed to deprive any person so arrested of the right to release on bail as in cases of similar character of offenses against the laws of this State. 2. To keep reeord and trans ernor. 2. Every officer committing any person under this Section mit copy to Gov- shall keep a record of the whole proceedings before him, and immediately transmit a copy thereof to the Governor of this State for such action as he may deem fit therein under the law. 3. The Governor of this State shall immediately inform the or of foreign Governor of the State in which the crime is alleged to have been committed of the proceedings had in such case. 3. Governor to inform Govern State. A. D. 1894. 4. Sheriff and 4. Every Sheriff or jailer, in whose custody any person committed under this Section shall be, upon the order of the Gov- jailer to surrenernor of this State, shall surrender him to the person named in der order of said order for that purpose. Such warrant may be issued before demand has been made upon the Governor for such fugitive.-State v. Anderson, 1 Hill, 327. As to order of Governor to surrender prisoner on requisition from another State.-Ex Parte Swearingen, 13 S. C., 74. der fugitive un Governor. ceive $3 a day accounts, how Sec. 5. In all cases of requisition for the delivery of fugitives Agents to refrom justice, the agents appointed by the Governor to bring such and expenses; fugitives into this State shall receive, in compensation for their paid. services, the sum of three dollars per day for the time actually 1887, XIX., 859. employed, and shall be reimbursed their expenses actually and necessarily incurred in the performance of their duties. Upon presentation to the Governor of the accounts of such agents, itemized and duly verified by their affidavits thereto annexed, the Governor, if he approve the same as correct, shall endorse his approval thereon, and upon presentation of the said accounts, so endorsed, to the Comptroller-General, he shall draw his warrants on the State Treasurer for the amount thereof, payable out of the regular contingent fund of the Governor. Proceedings charge of the for the dis prosecutor on nizance in crim Sec. 6. (2625.) Hereafter, when any prosecutor, resident in the Judicial District where the prosecution is instituted, in criminal cases less than capital, shall have been committed to jail by his own recogreason of his or her inability to give surety on his or her recog-inal cases not nizance to prosecute, the Clerk of the Court of Common Pleas 1857, XII., 636, and General Sessions of such District shall have power to dis- $1. charge such prosecutor on his or her own recognizance, upon being satisfied of his or her inability to give such surety. capital. be discharged in Sec. 7. (2626.) Whenever any witness in a criminal case less witnesses may than capital shall have been committed to jail by reason of the like manner. like inability to give surety on a recognizance to testify, the Ib., 82. Clerk of the Court shall have the like power to discharge such witness on his or her own recognizance. pear Ib., §3. Sec. 8. (2627.) Prosecutors or witnesses failing to appear Penalty for under such recognizance shall be deemed guilty of a misdemea-failure to a pnor, and the Attorney-General and Solicitors are hereby authorized to order warrants to issue against such offenders without affidavit or bond to prosecute. Clerk's costs. Sec. 9. (2628.) The Clerks of the Court shall be entitled to one dollar costs for each recognizance taken under the provisions Ib., $4. of Sections 6 and 7 of this Chapter. |