The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-15
AN ACT TO DETERMINE AND PERPETU-
ATE THE HOMESTEAD.

| AN ACT TO DETERMINE AND PERPETU-
ATE THE HOMESTEAD.
/. BE ii enacted by tie Senate and
House Of Representatives Of tie State
Of South Carolina, mo,o met and sitting
in General Assembly. and by the au-
| Moriy Of tie same, Whenever the
real estate Of any head Of family
residing in this State shall be levied
upon by virtue of any mcsne or final
process issued from any Court upon
any judgment obtained upon any
right of action, whether arising pre-
vious or subsequent to the ratification
of the Constitution of the State of
South Carolina, if the same be the
family homestead of such person, the
Sheriff or other officer executing said
process shall cause homestead, such
as such person may select, not to ex-
ceed the value Of one thousand dol
lars, to be set off to said person in
the manner following, to wit: He
shall cause three appraisers to be APP
pointed, one to be named by the Gre
ditor, one by the debtor, and one by
himself, who shall be discreet and
disinterested men. resident in the
County, and shall be sworn by JUS
tice Of the Peace. to impartially APP
praise and set off, by metcs and
bounds, Il homestead of the estate of
the debtor, such rs he may select,
not to exceed the value Of one thou
sand dollars; and the said appraisers
shall proceed accordingly to set ont
the homestead, and the set-off and
assignment SO made by the apprais-
ers, shall be returned by the officer,
along with said process, for record in
Court; and if no complaint shall be
made by either party, no further
proceedings shall be had against the
homestead, but the residue of the
lands and tenements of the head of
the family, if any more or other he
shall have, shall be liable to attach
ment, levy and sale: Provided, That
upon good cause shown, the Court
out of which the process issued, may
order re-appraisement and re-as-
signment of the homestead, either
by the same appraisers or others ap-
pointed by the Court: And provided,
further, That should the creditors or
debtor neglect or refuse, after due
notice from the officer executing the
process, to nominate an appraiser,
then said officer shall appoint the
same.
Ii. Whenever the personal proper
ty 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 per-
son shall claim the said property or
any part thereof as exempt from at
tachment on account of the same
being the annual product of his or
her homestead, or as subject to ex-
emption under the Constitution, and
the creditor and debtor do not agree
about the same, the officer executing
said process shall cause the same to
be ascertaincd, and all exempted pro-
perty set out by appraisers appointed
and sworn for the purpose, as pro-
vided in the preceding Section for
setting out the homestead, subject to
like limitations and provisions, and
the residue, if any, shall be sold,
which proceeding shall be stated in
the officers return of such process.
LII. The exemptions of Sections
and of this Act shall not extend to
an attachment, levy or sale on any
mesne Or final process issued to Sc
cure or enforce the payment of taxes
or obligations contracted for the pur-
chase of said homestead, or obliga-
tions contracted for the erection of
improvements thereon: P,'ouitled.
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: Pro-
oided. .fM1he', The yearly product
of said homestead shall be subject
to attachment, levy and sale to Sc
cure and enforce the payment of OBJ
legations contracted in the produc-
ton of the same; but the Court
issuing the process therefor shall GER
tify thereon that the same is issued
for said purpose, and no other.
~. The estate or right of home
stead of the head Of any family ex-
listing ut 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 all
the right, title and interest of the
1nnanaa1