Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-10-21
The Homestead Law.
AN ACT TO DETERMINE AND PERREFU
ATE THE HOMESTEAD. {

u
AN ACT TO DETERMINE AND PERREFU7
ATE THE HOMESTEAD. lex G,
I. Be 1t enacted By tie Se'aateY and
House of REPRESENTATIVES Of thssState ,of
South Carolina, moete met and sitting s7'
General assembly, and By the authaz.
M of the same; Whenever the real es-
tate Of any any headaofga family residing
in this State shall be levied upon By
| VI virtue Of any mesne or final process
issued from any ny Court upon any judgSS
ment obtained upon any right Of acton, N
whether arising previous or subsequent y
to the ratification of the Constitution ef
the State of South Carolina, if II the g
same be the family homestead Of such
person, the Sheriff or other officer exess
cutting said process shall cause q homes
stead, such as. said person may seleet,i
not to exceed the value;of one Thousand
dollars, to be set off to said person an
the manner following to wit :. He shah
cause three appraisers to be appointeds
one to bea.amed by the creditors ono
(, by the debtor, and one,by hi1asefi tMha
shallebe discreet and disinterested sa1enf
re:ident.in the county, andsha be sworn
by a,Justiees sof the Peace to impartialEl
appraise and set off, by 'metes and
bounds, a homestead -ofFtheA estate OF
| the debtor such asahe may select, @not'
to exceed the value ofrone' 'thousaifd
dollars; and the said appraisers shall
proceed accordingly TO- set out the
homestead, and the Hset-off and the e>ass
signment so made. by the appraisers
shall be returned 'by the officer, along
with said process, for record in Court.
and if no nc { complaint shalt be made BY;
either party, no further proceedings
shall be had against the homestead but
the residue Of the land and tenements
tof the head of the family, if any more
or other he shall have, shall be liable
to attachment, levy and sale; Provided, e |,
That upon good cause shown the &c Court at
I.oht Of which the process issued, may nay;
order a re-appraisement and re-assiegla55, egla5,
ment of the homestead, either byths;
same. appraisers brothers appointed
blythe Court; ;;-.And provided eiurtheri
| That should the creditors OF debtor neg sgs
llect or refuse,, after due notice from the
officer executing the process, to nomas,3 M;
nate an appraiser: then said officer shaA al'.
appoint the :same,s-.se ~. 49, 81. /
Whenever the personal property
of the head of any. family residing, 8, IN
this State is taken OF. attached by virtue,
Ieof auy, mesne. or final process. issued
from any Court, and said person shall
claim@the. said. property <or any part
thereof as exempt from attachment.en'
accounttof the sames.being.ethe. annual
Eproduct off. .his.orsher home esteaa OF. as
subject to exemption under the Constl-
tution, and the ;reditor and debtor do
not agree about the;>same, the officer
executing said process shall cause the
sametc Se ascertained, and all exempted
prope4 set out by appraisers appoint
ed and sworn for the purpose, as pro-
vidcd in the preceding SECTION for set
ting out the homestead, subject to like
| limitations and provisions, and the resi-
due If any, shall be sold, which pro-
.ceeding shall be stated in the officer s
return of such process. -. -,
IH.~The exemptions Of Sections 1
and 9 of this Act shall not extend to
an. attachment. levy or sale on any
mesne.or Gaal. process issued to o-secure
,or enforce,the payment Of taxes.or obll-
eations,contracted for the purchase OF
sid homestead, ar Obligations contracted
for the erection OF improvements there
on: Provided, The Court OF authority.
issuing said process shall certify thereon
that the same is issued for some one or
more, and mo other, Of said purposes ::
Provided, further, The yearly product
of said homestead shall. be subject to
attachment levy and sale to secure OF
enforce the payment Of. obligations con-
tracted in the. production Of the same !; !;
but the Court issuing the process there
for shall certify. thereon that the same IN!
is issued for said purpose, and no other;;
= ". The estate or right Of homestead
of the head of any family existing at
his death shall continue for the benefit
of his widow aud minor children, and
be held and enjoyed by them until the
Youngest child is twenty-one years Of 81
age, and until the marriage or death o.
the widow, and be limited to that Pc
riod but all the right, title and inter
est of the deceased in tic premises il in
which such estate orright exists, except
the estate of homestead thus continued
shall be subject to the laws relating to
devise, descent, dover and sale, for pay
ment Of debts against the estate Of the
deceased, 81.
v. When widow OF minor children
are entitled to an estate or right OF
homestead as provided i'll the preceding
section, the same mays be set off to the
parties entitled by the Judge of the
Probate, Court, who shall 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 return thereof to him. Z If no
complaint shall be made against SAID
appraisal and setting out Of the home
stead within twenty. days thereafter, by
any party interested therein, or any
good cause appear to the contrary, the the
Same shall be confirmed by the Judge
and ordered accordingly. q
vi. Appraisers appointed toset 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 execu-
ting the nrocess out of the property OF