The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-08

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August. in the year OF our Lord one thous
: and eight hundred and sixty-eight.
L. BOOZER,
President of the Senate.
FRANKLIN ]. MOSES, JR.,
Speaker House OF Representatives,
Approved: ROBERT Z. SCOTT, Governor.
An ACT to determine and perpetuate the Homestead
I. Be il enacted by the Senate and House o
Representatives of the State OF South Carolina
now met and sitting in General Assembly, an(
by the authority of the same, Whenever the
real estate Of any head Of family residing il
this State shall be levied upon by virtue of any
mesne or final process issued from any cour1
upon any judgment obtained upon any right o.
action, whether arising previous o. 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 OF
other officer executing said process shall cause
homestead, such as said person may select
not to exceed the value of one thousand dol
lars, to be set off to said person i'll the manner
following, to WIT: He shall cause three apprsls-
ers to be appointed, one tc be named by the
creditor, one by the debtor and one by himself,
who shall be discreet and dislnt4rested men,
resident in the county, and shall he sworn BY q
Justice of the Peace to lmpartially appraise
and set of, by metes and bounds, o homestead
of the estate OF the debtor such as he may
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| dollars; and the said appraisers shall proceed
accordingly to set out the homestead, and the
sct-off and assignment 80 made BY the app! ais-
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 thu residue of the lands and
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 reappraisement
and reassgnment of the homestead, either hg
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 officer executing the pro-
cess to nominate an appraiser, then said officer
shall appoint the same.
II. 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 ac-
count Of the same beng the annual prodnct Of
his or her homestead, or as subject to exemp-
tion 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, aud all exempted prop
erty set out by appraisers appointed and sworn
for the purpose as provided in the preceding
section for setting out the homestead, subject
due, if any, shall be- sold, which proceeding
shall be stated IN the officers return of such
process.
III. The exemptions of Sections and2 OF
this act shall not extend to an attachment,
levy or sale on any mesne or final process issu-
ed to secure or enforce the payment Of taxes
or obligations contracted for the purchase OF
said home stead or obligations contracted for
the erection of improvements thereon: Provid-
ed, 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 pro-
duct of said homestead snail be subject to at
tachment levy and sale to secure or enforce
the payment of obligations contracted in the
productio of the same; but the Court issuing
the process therefor shall certify thereon that
the same 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 and min
until the youngest child is tyriStsppep yea1s s at
fhe ris6t i6t @ @te aha tia Interest Of the deceased in
fhe premises in which such estate or right e1-
lsts except the estate of homestead thus con-
tinued, shall be subject to the laws relating to
devise. descent, dover and sale, for payment
of debts against the estate OF the deceased.
V. When widow or minor children are en-
titled to an estate or right OF homestead as pro-
yided in the preceding section, the same may
be set off 10 the parties entitled by the Judgc
of the Probate Court, who shall appoint three
dislnterestcd 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 thereon TO
him. If no complaint shall be made against
said appraisal and setting out OF the homestead
within twenty days thereafter, by any party IN
terested therein. or any good cause appear w
the contrary the same shall ne confirmed py
the Judge and ordered accordingly.
vi. Appraisers appointed 10 set out the
homestead under this Act shall receive as COM
pcnsation two dollars per day each FOR such
services, and the same shall be paid by the
officer executing the process o1t OF the proper,
ty of the debtor; or in cise oil the homestead
set out to widow or MINOR or children, en- 9u. or o.
the estate OF the deceased by tne executor Ut
administrator thereof.
In the Senate House, the pinth day OF Sep
tember, in the year of our Lord one thous-
and eight hundred and siEty-eight.
l.. BOOZER,
FRANKLIN J. MOSES, JR.,
Speaker House OF representatives.
Approyed: RoBT. K. SCorT, Governor.
of,ce by authority OF the late Provisional Govern
Y ment-
I. Be il enacted by the Senate and House OF
REPRESENTATIVES Of the State @. South Carollna,
now met and sitting in General Assembly, ana
bv the authority OF the same, That no person
elected or appointed to any Office under by
authority of the late Provisional Government
of this State, and who has been removed by
military authority, or who has been superseded
before The expiration OF the tenn Of his office by
persons duly elected by authority OF, Oh in con-
seouenc, Of the Reconstruction acts, or under
the new Constitution OF this State, shall hold,
or ATTEMPT to hold, the office, and exercise the
functions thereof, from which he was remov-
ed or in which he was superseded.
IT. A violation OF the foregoing section OF
this act shall, upon conviction thereof, subject
the offender to fine of not less than one thou
sand dollars and Imprisonment at hard labor IN
the penitentiary for not less than one year.
III. The money accIuing rom fines for y1o,
lation of this act shall be added to the school
fund of the State.
". If any person prohibited from holding or
attempting to hold Office, as prescribed IN Sec
tion one OF this act, shall attempt TO draw
salary or receive fees by virtue OF his claim TO
the Office which he is therein prohibited to
hold. such person 80 offending shall be subject.
to the penalties prescribed in section two OF
'. All acts or parts of acts conflicting with
the provisions of this act are hereby declared
of no effect. ,....
In the Senate House, the fifteenth day OF
Sentembcr. in the year of our Lord one
Thousand eight hundred and sixty-eight.