JAN 12, 1979

Regarding if a sheriff or his deputy has the authority to break and enter a house, after request and refusal, to distrain sufficient property upon the rented premises to pay rent and costs under the authority of a distress warrant and if a warrant of ejectment can be executed pursuant to the provisions of Section 27–37–40 in the absence of the defendant tenant and, if necessary, can the constable or sheriff make forcible entry into the premises to accomplish the ejectment.

Requested by: Joseph M. McCulloch, Jr., Staff Attorney, South Carolina Court Administration

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