shall be, and shall be returned immediately, before the Judge issuing the same. A. D. 1894. service of writs. Ib., 117, 82. brought up on charges, &c.; proviso. 400, $8. Sec. 94. (2827.) The said writ shall be served upon the said officer, or left at the jail or prison with any of the under officers, under keepers, or deputy of the said officers or keepers. Sec. 95. (2328.) The said officer or officers, his or their Prisoners to be under officers, under keepers or deputies, shall, within three payment of days after the service thereof, upon payment or tender of the charges of bringing the said prisoner, (to be ascertained by the b: 1870, XIV., Judge or Court that awarded the same, and endorsed upon the said writ,) not exceeding ten cents per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the Court or Judge to which he shall be brought, and that he will not make any escape by the way, make return of such writ, and bring, or cause to be brought, the body of the party so committed or restrained, unto or before the Judge or Court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof, and shall then certify the true cause of his detainer or imprisonment: Provided, however, That if any prisoner be not able to pay the said charges, the same shall be paid by the County wherein he is confined: Provided, further, That if such prisoner shall be acquitted of the charge against him, or finally discharged on habeas corpus by the Judge or Court hearing the same, the expenses of the proceedings in habeas corpus shall be paid by the County in which the case is situated. which prisoner I b., 117, 82. Sec. 96, (2329.) If the place of imprisonment of the said Time within party be beyond the distance of twenty miles from the place must be brought where such Court is held, and not above one hundred miles, he before Court. shall be brought before the Court, or the person or persons before whom the writ is returnable, within the space of ten days; and if beyond the distance of one hundred miles, then within the space of twenty days after the delivery of such writ, and not longer. Proceedings upon hearing of Sec. 97. (2330.) If, upon a hearing, the party shall be entitled to his discharge, then the Judge before whom he is brought the return. shall, within two days after the party shall be brought before I b., 118, 83. him, discharge the said prisoner from his imprisonment, taking his recognizance, with one or more surety or sureties, in any sum, according to his discretion, having regard to the nature of the offense, for his appearance in the Court of General Sessions A. D. 1894. Notice to be ney-General, &c the term following, for such County where the offense was committed, or in the Court of such other County where the said offense is properly cognizable, as the case shall require, and then shall certify the said writ, with the return thereof, and the said recognizance or recognizances, into the said Court where such appearance is to be made; but if no legal cause be shown for the imprisonment or restraint, the prisoner shall be discharged therefrom. Under this Chapter the Judge can neither let to bail nor discharge a prisoner committed for an offense not bailable.-State v. Everett, Dud., 295. The Judge can only discharge on bail, not absolutely.-State v. Jones, 32 S. C., 83. But independently of this Chapter the Judge may, at chambers, let to bail for any offense whatever, and in making up his judgment may look beyond the commitment.-State v. Hill, 3 Brev., 89; State v. Everett, Dud., 295; State v. Arthur, 1 McM., 456. But party convicted of infamous crime cannot be bailed.-State v. Connor, 2 Bay, 34. As to discretionary power to bail.-State v. Hill, 1 Tr. Con. Rep., 242; State v. Golden, 2 McC., 524. Sec. 98. (2331.) When it appears, from the return of the given to Attor- Writ or otherwise, that the party is imprisoned on a criminal accusation, he shall not be discharged until sufficient notice has been given to the Attorney-General, or Circuit Solicitor, or other attorney acting for the State, that he may appear and object to such discharge, if he thinks fit. Granting of sion of Court. I b., 122, § 18. Sec. 99. (2832.) During the term of the Circuit Court for writ during ses- that County where any prisoner is detained, no person shall be removed from the common jail upon any writ of habeas corpus granted in pursuance of this Chapter, but, upon any such writ, shall be brought before the Circuit Judge, in open Court, who is thereupon to do what to justice shall appertain. After adjournment. Sec. 100. (2333.) After the Circuit Court adjourns any person or persons detained may have a writ of habeas corpus accordIb., 122, 19. ing to the direction and intention of this Chapter. Persons dis be re-arrested, &c. Ib., 119, §6. Sec. 101. (2334.) No person who shall be delivered or set at charged not to large upon any writ of habeas corpus shall, at any time, be again imprisoned or committed for the same offense by any person or persons whatsoever, other than by the legal order and process of such Court wherein he shall be bound by recognizance to appear, or other Court having jurisdiction of the cause; and if any other person or persons shall knowingly, contrary to this Chapter, recommit or imprison, or knowingly procure or cause to be recommitted or imprisoned, for the same offense, or pretended offense, any person delivered or set at large, as aforesaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the prisoner or party grieved the sum of two thousand five hundred dollars, any colorable pretense or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforesaid. Sec. 102. (2335.) Any two Trial Justices are authorized and required to grant the writ of habeas corpus as fully, effectually and lawfully as may any Judge of the Court of Common Pleas and General Sessions or Justice of the Supreme Court of this State, except in cases of felony the punishment for which is death or imprisonment for life, in which cases Trial Justices shall have no jurisdiction in applications for habeas corpus. Two Justices cannot admit a person to bail who is charged with murder in the warrant.-State v. Arthur, 1 McM., 456. May do so on charge of passing counterfeit money.-Barton v. Keith, 2 Hill, 537. Two Trial Justices may discharge absolutely hereunder.-State v. Jones, 32 S. C., 583. If one of the two Justices refuse to sign the writ, he is liable.-Ashe v. O'Driscoll, 2 Tr. Con. Rep., 698. An appeal from an order made by two Trial Justices in habeas corpus proceedings must be to the Circuit Court and not directly to the Supreme Court.State v. Duncan, 22 S. C., 89. Sec. 103. (2336.) Every person whatsoever to whom any power is given, either judicial or ministerial, by this Chapter, and which, by virtue hereof, he is required and commanded to, do, who shall willfully neglect, refuse, or omit to do the same, when the same shall be legally requested and demanded, according to the directions herein, and when the person or persons so requesting and demanding the same are legally entitled to request or demand by the provisions of this Chapter, then and in such case such person, whether magistrate or officer, willfully so refusing, neglecting or omitting what this Chapter requires and commands, for each such willful neglect, refusal, or omission, shall forfeit the sum of five hundred (500) dollars, and shall be thereafter incapable of holding or executing his office. A. D. 1894, Two Trial Jus tices to grant writs of habeas corpus. $9. 1712, II., 400, 1839, XI., 23, Penalty of offltheir duty. cers neglecting 119, 85; 1712, II., 400, $3. recovered. Sec. 104. (2337.) The said penalties may be recovered by Penalties, how the prisoner or party grieved, his executors and administrators, b., 119, 85. against such offender, his executors or administrators, by action in any Court of competent jurisdiction, wherein no protection, privilege, injunction, or stay of prosecution, shall be admitted. or allowed. Persons not removed from one prison to Sec. 105. (2338.) If any person or persons, citizens of this State, shall be committed to any prison, or in custody of any officer or officers whatsoever, for any criminal or supposed crimi- out cause. nal matter, the said person shall not be removed from the said another with Ib., 120, § 9. A. D. 1894. Penalty for signing warrants, &c. Ib. Appeals allowed. prison and custody into the custody of any other officer or officers unless it be by habeas corpus or some other legal writ; or where the prisoner is delivered to the Constable or other inferior officer to carry such prisoner to some common jail; or where any person is sent, according to law, to any common workhouse of correction; or where the prisoner is removed from one place or prison to another within the said County in order to his or her trial or discharge in due course of law; or in case of sudden fire or infection, or other necessity; or when brought into Court as a witness in some matter or cause as provided by law. Sec. 106. (2339.) If any person or persons shall, after such commitment aforesaid, make out and sign or countersign any warrant or warrants for such removal aforesaid, contrary to this Chapter, as well he that makes or signs or countersigns such warrant or warrants as the officer or officers that obey or execute the same, shall suffer and incur the pains and forfeitures mentioned in Sections 101 and 103 of this Chapter. Sec. 107. (2340.) An appeal from all final decisions rendered on applications for writs of habeas corpus shall be allowed as is provided by law in civil actions. TITLE II. CRIMES AND MISDEMEANORS. A. D. 1894. CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER IX.-Offenses Against the Person. Decency. XV.-Offenses Against the Public Health. rency. CHAPTER XVIII.-Offenses by Certain Officers. CHAPTER CHAPTER CHAPTER CHAPTER XIX.-Violations of the Provisions Regulating XX.-Offenses by Railroad Companies, their XXI.-Violation of the Laws Regulating the XXII.-Bastardy. CHAPTER XXIII.-Vagrancy. CHAPTER XXIV. Non-observance of the Lord's Day and the CHAPTER XXVI.-Protection of Fish, Oysters, Animals, &c. CHAPTER XXVIII.- Violation of the License Laws by Insur- CHAPTER CHAPTER CHAPTER Agents, Owners of Shows, Persons XXIX. Violation of the Law Concerning Sailors, Emigrants, &c. XXX.-Cruelty to Animals. XXXI.-Miscellaneous Offenses. CHAPTER XXXII.-Felonies, Accessories, Aiders and Abettors. |