Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-07-22
Legislature Proceedings.

HousE-PalitiouS were presented ter open.
ing election boxes iu Eigetield District and
the appointment of managers; also, tor the
incorporation of the Sumter Fire Company.
communication from General d. Ii.
Pearce proposing to establish q daily Repuh-
lican newspaper and do tae. printing tor the
House was made the special order for Wednes'
day.
On motion flag was ordered to be raised
on shs. Legislative baiiding.
A motion 10 commence ballot,ng TOR sena
tors of long and short terms, tomorrow, was
carried.
DcLaree offered resolution to appoint a
Committee TO determine what legislative work
was absolutely required and what work could
be conveniently postponed with u view to
shorten heasession. Rejected.
4. Boseman offered resolution that the Leg
isla,ure petition Congress to remove the diSa-
biiltes OF Geor Buist, Probate Judge OF
Charleston District. Adopted.
Neagle introduced a resolution tor the ap
pointnent ofa committee Of three TO fix sala.
RES. Adopted.
.dred exirs oop'cs cf Scott's message were or:
dercd TO be printed.
The following Bill validating, the laws OF
The Provisional Government OF the state pass
cd its second reading:
Eli. yAIrparINC: THE LAWS OF THE PROVE
s.,xAL COY xrxMESr OF SOUTH CAROLINA.
b. il enacted by the Senate aud House OF
Representatives oi the State of South Caro'l-
na, now met and sitting in General a SEM
.bly. :nd by tie authority Of the same, That
Mi Acts and parts of Acts Of the late Provl-
,ioral Government Df The State o. South Car
olna. not Inconsistent with the Constitution
ratified on the II h, 18th and lGtn days OF
April. a. D., lSGS, are hereby adopted and
declared 70 be of force until modified or re
p..led by the .(icnerai Assembly of the State
oi.Souta Carolina.
"A n,LI TO -DEREIMINE AND PERpErUaTE THE
HOMESTEAD.
Be it enacted by the Senate and House OF
Representatives OF the State of South Carroll
M, met and sitting in General Assem-
lily, and by tic authority of the same, When
eyer the real estate Of the head OF any family
ycsidiac in this State shall be levied upon by
yir!uc OF any' mesnc or iinal process ISSUED
from any Coart, If the same be the family
homestead Of such person, the Sheriff or 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 in the man
ner following. to wit: He shall cause three
appraisers 10 Lc appointed, one to be named
by the creditor, one by the debtor, and one
bv himself who shall be discreet end dlsiater
ested men, resident in the County, and shall
be sworn bya Justice of the Peace to i'm.
partially, appraise and set oil, by metes and
bouads u homestead of the estate OF the deb
tor, such as he NAV select, not 10 exceed the
value Of one thousand dollars, anu the said
APPRAISERS shall proceed accordingly to set
out the homestead and the set off and assign
ment so made by the appraisers shall be re-
turned by the officer, Gllong with said process,
fcr record iu Court ano if, no complaint shall
be made By either party, no further proceed
ings shall be had against the homestead, but
the residue of tie lands ard tenements of the
head OF the family, il any more or other he
shall have will be liable to attachment, levy
and sale Provided, That upon good cause
shown the Court out Of which the process is
sued may order a reappra;sement and re-as-
signment OF the homestead, either by the same
appraisers or others appointed by the Court;
And, provided further, that should the credl
tors u debtor neglect or refuse, after due
notice from the officer executing the process,
to nominate an appraiser, then said officer
shall appoint the same.
SEC. 2. Whenever the personal property of
tue head of any family residing iu this State
is taken or ATTAINED BY virtue oil any mesno
or final process issued from any Court, and
said person shall claim the said property or
any part.thcrcof as exempt from attachment
on accoun. Of the same being the annual pro-
Duct of his homestead, or as subject to ex
emption under the Constitution, and the cred
itor 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 lor the purpose, as provided In the pre-
cecding section for setting out the homestead,
subject to like limitations and the residue, il
any, be sold, which proceeding shall be stated
in the officers return Of such process.
SEC. 8 The provisions Of Sections and 2
of this Act shall not extend to an attachment,
levy or sale On any mesue or final process Is
sued to secure or enforce the payment OF
taxes, or obligations contracted for the pur
chase Of said home stead, or obligations con
tractcd for the erection Of improvements there
On: Provided, the Court or authority issu-
ing said process shall certify thereon that the
same is issued for some one or more and no
other purposes Provided further, the yearly
product Of said homesteads shall be subjec;
TO attachment, levy and sale 10 secure, or en-
force the payment Of obligations contracted
in the production of the same, bat the Couri
issuing the process therefor shall certify there
on ,ha. the same is issued fer said purpose
and no other.
SEC. 4. The estate or right Of homestead
of the head of any family existing at bis death
shall continue for the b;neit of his widow
and niaor 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 deceased in the premises in which such
estate or right exists, except the estate OF
homestead thus continued, shall be subject
10 the laws relating to devise, descent, dover
and sale for payment Of debts against the es-
tate Of the deceased.
SEC. s. When q widow or minor children
gre entitled TO an estate or right Of Homestead
as provided in the preceding section, the same
may be set Of to the parties entitled thereto
by the Judge OF the probate Court, who shall
appoint three disinterested persons, resident
in The county, who having been sworn, soall
proceed to appraise and out, by metes
and bounds such homestead, aud make re-
turn thereofto him. If no complaint shalt
be made against said appraisal and setting
out of the homestead, within twenty days
thereafter, by any party interested therein,
or any good car,e appear to the contrary, the