The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1868-10-16

Sec. 4. i nc Tune nXeu Dy salu HQk3cc
shall not be less than ten nor more than
twenty days from tho date of the order
of the Ordinary to such surveyor. The
surveyor to whom said order shall be
delivered by the applicant, shall lay off
the homestead on or out of the land
claimed by the applicant and make a
plat of the same, and make an affidavit
that the same is correctly plated and
laid off, and that the same is, to the best
of his knowledge and belief, not worth
moro than two thousand dollars in spe-
Gle, and return the same to the Ordina-
ry before the day appointed in the order
for passing upon said application
Should any county surveyor fail to COM
ply with his duty, as prescribed by this,
he shall be, by said Ordinary, punished
tor contempt of court.
Sec. 5. If at the time and place ap-
pointed for passing upon said applica-
ton, no objection shall be urged by any
creditor of the applicant, the Ordinary
shall endorse upon said schedule, and
upon said plat, approved, this the -
day of ---, 1856, Filling the
blanks,) and shall sign the same official
ly, and hand the same to the Clerk of
the Superior Court of his county, who
shall record the same in q book to be
kept for that purpose in his office.
Sec. 6. Should any creditor of the ap-
plicant desire to object to said schedule,
for want of suficiency and fullness, or
for fraud of any kind, or to dispute the
valuation of said personally, or the
propriety of the survey, or the value of
the premises so plated as the home
stead, he shall, at said time and place of
meeting, specify the same in writing
thereupon, unless the applicant shall SO
alter said schedule or plat, or both, as to
remove said objections. Said Ordinary
shall appoint three disinterested apprais-
ers to examine the property concerning
which the objections are made and to
value the same, and on their return
(which shall be made under oath) if eth
err be found to be too large such altera-
ton shall be made in said schedule and
in such plat as the Ordinary may deem
proper, to bring the same with the limits
of the value allowed by said section of
the Constitution, and he shall then and
there approve said schedule and said
plat, as required by the fifth section of
this act, and hand the same to the clerk
of the Superior court Of his county, who
shall record the same as required by sec
ton the fifth of this act Provided, That
either party dissatisfied with the judg-
ment shall have the right to appeal, UNI
der the same rules and regulations and
restrictions as are provided by law in
cases of appeal from the court of Ordi-
nary. & isaaN s.
Sec. z. Ifthe applicant seeks to have
homestead set apart out of town prop
erty, exceeding in value two thousand
dollars in specie, and it cannot be SO di-
yided as to give'a homestead oftl1at val
ae, he may make application to the Or.
binary, and upon satisfying him that this
is true, said Ordinary may pass an order
that should said property describing
the same) thereafter be sold by virtue o.
any order, judgment, or decree of any
court this State, two thousand dollars ir
specie, or its equivalent in currency, o.
the proceeds of such sale, or the whole
of the said proceeds, if they do not ex-
coed that amount, shall be, by the levy
ing officer, paid ever to the Ordinary for
the time being, to be invested by some
proper person, to be appointed by the
Ordinary, in home for the benefit of
the family of the applicant, which shall
be exempt as if laid off under this law,
and shall cause the Clerk ofthe Superior
Court to record said order in said book.
Sec. s. Should any ministerial officer
of this State, upon being shown a certi-
fed copy of such order, fail to retain
and pay over to said Ordinary said pro-
ceeds, as above required, or should any
Ordinary receiving the same fail to ap-
point said person to have the same in
vested, and turn over the proceeds to
him, said officers and their securities re-
spectively, shall be liable to said appli-
cant for said money, and twenty per
cent. interest thereon, while they re-
spectively wrongfully withhold the same
or any part thereof.
Sec. o. In all cases, before the APP
prevail of said Ordinary can be demand
ed, as aforesaid. the applicants shall pay
the costs of said proceedings, including
the Clerks cost for recording the same,
to the Ordinary. He shall be bound for
such costs if he approves the same; the
said officers shall each have for his said
services the same fees as are now allow
ed him, or shall be hereafter allowed
him, by law for such services: Provid-
ed, nevertheless, that if any person, fl
ling objections to said schedule or plat,
eLou ell 70 hava tho sannn sIlstnined he