The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-07-29

toimpartially appraise andset off, by metes
and bounds, a homestead Of the estate of
the debtor, such as he may select, not to
exceed the value of one thousand dollars:
and the said appraisers shall proceed ac-
cordingly to set out the homestead; and
the set off and assignment SO made by the
appraisers 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 family, if any more 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 order areappralsement
and reassignment of the homestead, either
by the same appraisers or others appointed
by the Court: And, provided further,
That should the creditors or debtor neg
lect or refuse, after due notice from the
officers executing the process, to nominate
an appraiser, then the said officer shall ap-
point the same.
SEC. 2. 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 account Of the same
being the annual product Of his or her
homestead, or as subject to exemption
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 ascertained, and all
exempted property set out by appraisers
appointed and sworn for the purpose, as
provided in the preceding section for set.
ting 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.
SEC. 8 The exemptions of sections one
and two of this act shall not extend TO an
attachment, levy or sale on any mesne OIL
final process issued to secure or enforce
the payment of taxes, or obligations con
tracted for the purchase Of said homestead
or obligations contracted for the erection
of improvements thereon: Provided, The
court or authority issuing said process
shall certify thereon that the same is is
sued for some one or more, and no other
of said purposes: Provided further, The
yearly product of said homestead shall be
subject to attachment, levy and sale tc
secure or enforce the payment of obliga
tions 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 nc
other.
SEC. 4. The estate or right of home
stead 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 young
gest child is twenty-one years Of age
and until the marriage or death of the
widow, and be limited to that perlod.-
But all the right, title and interest of the
deceased IN the premises in which such es
tate or right exists, except the estate O
homestead thus continued, shall be subject
to the laws relating to devise, descent
dover and sale for payment Of debt:
against the estate OF the deceased.
Sec. 5. When widow or minor chill
dren are entitled to an estate or right o
homestead as provided in the preceding
section, the same may be set off to Tho
parties entitled thereto by the Judge o
the Probate Court, who shall appoint
three disintercsted persons, resident in the
county, who, having been duly sworn
shall proceed to appraise and set out, b!
metes and bounds, such homestead, anc
make return thereof to him. If no com
plant shall be made against said appraisa
and setting out of the homestead, within
twenty days thereafter, by any party in
terested therein, or any good cause appear
to the contrary, the same shall be confirm
ed by the Judge, and ordered accord
ingly.
SEC. 6. Appraisers appointed to set out
the homestead, under this act, shall re
ceive as compensation two dollars per day
each for such services, and the same shall
be paid by the officer executing the pro
cess out of the property of the debtor
or in case of the homestead set out to 6
widow or minor children, out of the estate
of the deceased by the executor or admin
istrator thereof
From the Charleston DAILY Netrs.
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