Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1868-08-14
" IA. r. I ESIsY.
A Bill to- Il determine and SPerpstuate the
Homestead

oAu", uoW Mcs auo sittluS IN Gcnofal Assem-
bly, and by tho authority Of tho same. Y
Suo l..--Whonovor tho real estate Of the
hoad Of any family residing .iu this State shalt
DO levied upon by virtue Of any mcsno or f.
nal process issued from any court if tho Same
DO tho family homestead Of suoh persons the
.'Shorif or other officer executing said process
shall cause homestead, suoh as said person
may select, not to oxoced tho value of one
thousand dollars, to be set of to said person
In tho manner following, to wit: Ho shall
cause three appraisers to bo appointed, one to
DO named by tho creditor, ono by tho dobtor,
and ono by himself, who shall be discreet and
disintercsted mon, resident in tho county, and
shall bo sworn by q Justice Of tho Peaoo to
impartially appraiso and set off, by metcs and
bounds, a homestead Of tho estate Of tho
dobtor, suoh as ho may select, not to excood
aho value of ono thousand dollars; and tho
eaid appraisers shall proceed accordingly to
set out tho homestead; and tho SGT off
and assignment 80 made by tho appraisers
shall 30 returned by che officer, along with
said process, for record in Court; aud no COM
plaint shall be made by oithor party, no fur
ther proceedings shall DO had against tho
homestead, but tho residue of tho lands and
tcnemonts of tho head of family, if any
moro or other ho shall have, shall bo liable t.
attachment, levcy and sale: Provided, That
upon good oauso shown tho Court, out of
which the process issued may ordor a reap
praisoment and rcsignmcnt of tho homestead,
either by tho same appraisers or others ap-
pointed by tho Court And, provided fur
thcr, that should tho creditors or dobtor neg
lect or rofuso, after due notice from tho oii-
oors executing the process, to nominate an ap-
zpraisor, then said officer shall appoint the
samo.
SEQ. 2.-Whcncvcr tho personal property
of tho head Of any family residing in this State
is s+taken or attached by virtue Of any mcsnc
orSfnal process issued from. any court, and
said porson shall claim TIC said '>ropcrty or
any part thereof as exempt from at5atchmcnt
on account of tho samo being tho annual pro-
duct of his or hcr homestead, or as subject to
exemption undcr the constitution, and the orcd-
the officer executing said process shall cause
tho same to be asccrtained, and all exempted
property set out by appraisers appointed and
sworn for the purpose, as provided in tho pro-
oeding section for setting out the homestead,
subject to like limitations and provisions, and
the residue, if any, shall be sold, which pro
oeeding shall be stated in the officers return
Of such process.
Sec. 3.--Thc exemptions Of sections one
and two Of this act shall not extend to an at
tatchmcnt, levy or sale or any mcsnc or final
process issued to secure or enforce the pay-
mont Of taxes, or obligations contracted for
tho purchase of said homestead, or oblga-
tions contracted for the erection of improve
'nents thereon: Provided, The court or au-
tho;ty issuing said process shall certify there
On that '.e samo is issued for some one or
moro, and no other, Of said purposes Pro-
vlded further tho yearly product Of said home
stead shall be subjecttn attachmcnt levy and
sale to secure or enforce tho payment of obli-
cations contracted in tho production Of the
same; but tho Court issuing tho process
therefor shall certify thereon that the same is
issued for said purpose and no other.
SEQ. 4.-The estate or right of homestead
Gof tho head of any family existing at his
! death shall continue for the benefit of his
widow and minor ohildron, and bo hold and
enjoyed by thom until tho youngest child is
twenty.ono years of age, and until tho mar
riagq or death of tho widow, and be limited
to that period. But all the right, title and
interest Of tho deceased in the premises in
which such estate or right exist, cxcopt the
20, ;ate Of homestead thus continued, shall be
subject to tho laws relating to devise, descent,
dover and sale prepayment Of debts against
tho estate Of tho dcccased.
SEQ. 5.--When widow or minor children
are entitled to an estate or homestead as pro-
vided in tho preceding sootion, the same may
bo sot off to che parties entitled thereto by
tho Judge Of The Probate Court, who shall
appoint three disinterostcd persons, resident
in tho county, who having been duly sworn,
shall coed to appraiso and set out, by metcs
and bounds, such homestead, and make ro-
turn thereof to him. If no complaint shall
be made against said appraisal and setting out
Of tho homestead, within twenty days thorc-
nftor, by any party Interested therein. or INV