The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1868-08-26

my more or other he shall have. shall be
fable to attachment levy ami sale: Pro.
vided, That upon good GAUGE sHHo'@n, the
Court out OF which the process is-ued may
order q re appraisemcnt and re-assignment
OF The homestead. either by the same sp-
.raisers or Others appointed by the Court {:
And provided further, That should the
creditors or debtor neglect or refuse after
due notice from the officer ex, cutting the
process to nominate an appraiser. then said
officer shall appoint the same. .....
SEc. 2. Whenever the personal property
Of the head of~any family rcsidihg iu this
State is taken or attached by virtue Of any
fhesne or FINAL process issued from any
Court, and said person shall claim the said
from attachment on acconnt Of the same
being the annual product of his or her
homestead, or as subject t6 exemption nm
der the Constitution. and the creditor and
debtor do not agree about the same, the Of
hcer executing said process sl,al, cause the
came TO be ascertainedi and all exempted
property set out hy appraisers appointed
and swern for the purpose, ms provided in
the preceding Section for setting out the
homestead. subject 10 like limitations and
provisions, and the residue, if any, shan be
sold, which proceeding shall be stated in
the of'cer's return OF such process.
SEC. 3. Tue exemptions Of Sent;ons | and
o! this Act shall not extend 10 an attach.
ment, levy or sale on any r+esne or final
process issued 10 secure or enforce the pay
ment Of taxes or obligations contracted for
the purchase Of sad homestead, or obliga-
tons contracted for the creation of improve.
fnents thereon: Provided, The Court or
authority Issuing said process shall certify
thereon that the same is issued for some
one or -mors. aud no other, of said purposes:
Provided further, The yearly prodnct Of
Said homestead shall bo sulject 10 attach
fnent, levy aud sale to srcdre or enforce
the payment Of. obligations co tracted in
the production Of the same but the Court
issuing the process therefor shall certify
thereon that the same is Issued for said puf.
pose, and no other.
SEc. 4. The estate or right Of homestead
OF the head Of any family existing at his
death shall continue for the benefit of his
widow and miner children, aud be held
and enjoyed by them until the youngest
Guild is twenty ote years OF age, and until
the marriage or death of the widow, and
be limited to that period; but all the right
title and interest Of the deceased in the
premises in which such estate or right *
ists, except the estate Of homestead thIs
continued. shall be subject to the laws re.
lating TO devise. descent, dover aud sale
for payment of debts again5t the estate Of
the deceased.
SEC. 5. When n widow or minor children
are entitled to an estate or right Of home,
stead as provided in tie preceding Section
the, same may be set off to the parties enti
tied by the Judge Of the Probate Court,
who shall appoint three disinte.ested per.
sons resident in Tie County, who, having
been duly sworn, shall proceed to appraise
and set out hy metes and b"unds such
h"trestead, and make return thereof To him.
IL no complaint shall be made against sail
appraisal and Setting ont Of the homestead
within twenty Days thereafter. by any party
interested therein, or any good cause ap:
pear TO the contrary. the Same shan be
confirmed by the Judge and ordered nc
cordingly.
SIC Appraisers appointed to set ont
the homestead under this Act shalt receive
as compensation two dollars per day each
for such services. and the same shall bs
Paid by The officer executing the process
out Of the property Of the debtor; or in
case of the homestead set out to widow or
minor ehild-:L out Of the estate Of the de.
ceased by the Executor or Administrator or
thereof.