South Carolina § 23-17-40 - Official misconduct for remaining in contempt after attachment.
Full text of South Carolina South Carolina Code of Laws § 23-17-40 — Official misconduct for remaining in contempt after attachment., with citation guidance and answers to common questions.
§ 23-17-40. Official misconduct for remaining in contempt after attachment.
If any sheriff shall be attached for contempt for failing to execute or return final process in any civil suit or for not paying over to the party entitled thereto money which has come into his hands as sheriff and shall remain in contempt for the space of thirty days after such attachment is ordered, he shall be guilty of official misconduct and shall be liable to be proceeded against by indictment and, on conviction, be liable to a fine of not exceeding one thousand dollars and imprisonment not exceeding one year and be removed from office. But nothing herein contained shall be construed to deprive any such sheriff of his right to appeal from any order against him for a contempt, nor shall the provisions of this section be taken to apply during the pendency of such appeal, nor until such an appeal has been finally dismissed.
HISTORY: 1962 Code SECTION 53-214; 1952 Code SECTION 53-214; 1942 Code SECTION 1531; 1932 Code SECTION 1531; Cr. C. '22 SECTION 478; Cr. C. '12 SECTION 552; Cr. C. '02 SECTION 395; G. S. 674; R. S. 312; 1844 (11) 296.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 23-17-40
What does South Carolina Code of Laws § 23-17-40 cover?
Section 23-17-40 ("Official misconduct for remaining in contempt after attachment.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 23-17-40?
A common citation format is "South Carolina Code of Laws § 23-17-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 23-17-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.