The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-21
THE HOMESTEAD Law.

The following La the homestead law as paSs-
ed by both Honses:of the General Assembly
BILL 10 DETERMINE AND PERPETUATE THE
HOMESTEAD.
Be IL enGcted by the Senate and House OF
Representatives Of the State Of South Caro-
lima, now met and sitting in General Assembly,
and, by The authority Of the same,
: SECTION L. Whenever the real estate OF the
head OF any family residing in this State shall
be levied upon by virtue Of any mesne or final
process issued from any court, u the same be
the family homestead Of such person, the
sheriff or other officer executing said process
shall cause o homestead, such as said person
may select, not toeexceed the value of one
thousand dollars, to be set off to said person
in the manner following, to wit: He shall
cause three appraisers to be appointed, one to be
named by the creditor, one by the debtor, and
one by himself, who shall be discreet and dis
interested men, resident In the county, and shall
be sworn by Justice Of the Peace to impair
TALLY appraise and set of, by metes and
such as he may select, MOTTO exceed the value
of one thousand dollars; and the said apprais-
ers shall proceed accordingly to set out the
homestead; and the set of and assignment 30
made by the appraisers shall be returned By
the officer, along with said process, for record
in Court; and, il no complaint shall be made
by either party, no further proceedings shall
OF the lands and tenements Of the head OF q
family, If any moro or other he shall have,
shall be liable to attachment, levy and sale:
Provided, That upon good cause shown the
Court, out OF which the process issued may or
der reappraissment and reassigument Of the
homestead, either by the same appraisers or
others appointed by the Court: And, provided
further, That should the creditors or debtor
neglect or refuse, after due notice from the Of
flcers executing the process, to nominate an
appraiser, then said officer shall appoint the
same.
: SEQ. q. Whenever the personal property Of
the head of any family residing in this State is
taken or attached by virtue Of any mesne or
final process issued from any court, and said
person shall claim the said property or any
part thereof as exempt from attachment on
of his or her homestead, or as subject to ex-
emption under the constitution, and the credi-
tor and debtor do not agree about the same,
the officer executing said process shall cause
the same 10 be ascertained, and all exempted
property set out by appraisers appointed and
cediDg section for setting out the homestead,
subject to like limitations and pryvisions. and
the residue, If any, shall be sold, which pro-
ceeding shall be stated in the officers return
Of such process.
SEQ. s. The exemptions Of sections one and
two Of this act shall not extend to an attach
ment, levy or sale on any mesne or final pro-
Of taxes, or obligations contracted for the pur-
chase Of said homestead, or obligations con-
tracted for the erection OF impro vements there
on : Provided, The court or authority issuing
said process shall certify thereon that the same
is issued for some one or more, and no other,
Of said purposes: Provided further, The yearly
product OF said homestead shall be subject to
kl,1 Al al L.
the payment Of obligations contracted in the
production Of the same but the court issuing
the process therefor shall certify thereon that
the same Is issued for said purpose and no
other.
SEQ. 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
minor children, and be held and enjoyed by
them until the Youngest child is twenty-one
years of age, and until the marriage or death
OF the widow, and be limited to that period.
But oil the right, title and interest OF the de-
ceased in the premises in which such estate or
right exists, except the estate of homestead
thus continued, shall be subject to the laws re-
lating to devise, descent, dover and sale for
payment Of debts against the estate Of the de-
ceased.
SEC. 5. When widow or minor children are
entitled to an estate or right Of homestead as
provided in the preceding section, the same
may be set off to the parties entitled thereto by
the Judge OF the Probate Court, who shall ap-
appoint three disinterested persons, resident
in the COUNTY, who, having been duly sworn,
shall proceed to appraise and set out, by metes
and bounds, such homestead, and make re-
turn thereof to him. II no complaint shall be
made against said appraisal and setting out Of
the homestead, within twenty days thereafter,
by any party Interested therein, or any good
cause appear to the contrary, the same shall
be confirmed ty the Judge, and ordered ac-
cordingly.
SEQ. 6. Appraisers appointed to set out the
homestead. under this act, shall receive as
compensation two dollars per day each for such
services, and the same shall be paid by the Of
fcer executing the process out Of the property
out to widow or minor children, ont Of the
estate of the deceased by the executor or ad-