Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-10-15
THE HOMESTEAD law.

ma Ieg1SlaIIIre. IL Is eutAtieu hh oV w DSts||.
mine and perpetuate the Homestead; .ra:E ~
j. BE It enacted 6 9tse< .Seaats ana 'Hoass a Or
Representatives. of the State OF. Soaak Cdrodna3
ao,o met and sitting IN General Assen,b and by
the authority of the same Whenever the real es:
tate of any head of q family residing in this State
shall be levied upon BY virtue of any meshe 6fmsi
process issued from any Court upon any judgment
obtained upon any right of action, whether arising
previous or subsequent TO the ratification OF the
Constitution of the State of South Carolina, I'the
same be the family homestead OF such person, the
Sheriff or other officer executing said process shan
cause homestead, such as said person may select,
not to exceed the value Of one thousand dollars to
be set of to said person in the manner following,
to wit: He shall cause three appraisers to be apt
pointed, one to be named by the creditors, one by
the debtor, and one by himself who shall be dis
Greet and disnterested men, resident in the county,
aud shall be sworn by Justice of the Peace to Inn
partially appraise and set Oh, By metes andbounds,
a homestead Of the estate of the debtor, such as
he may select net to exceed the yaiue o.. one
thousand dollars; and the said appraisers shall pro
ceed accordingly to setout the Homestead and the
set-oH and the assignment so made BY the apprai-
sers shall be returned by the officer, along with
said process, for record in Court; and it no COM
plaint shall be made by either party, mo further
proceedings shall be had against the homestead,
but the residue of the land and tenements Of the
head Of the family, if any 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 a reap
praisement and re-assignment of the homestead,
either BY the same appraisers or Others appointed
by the Court; And provided further, That, should
the creditors or debtor neglect or refuse, after dine
notice from the officer executing the process, to
nominate an appraiser, then said officer shall ap-
point the same. =, ,,;,.2
of any family residing in this State Is or az
tached by virtue Of any mesne or hnal process Is
sued from any Court and said person shall claim
the said property or any part thereof as exempt
from attachment on account of the same being the
annual product of his or her homestead, or as sub
iect to exemption under the CONSTITUTIONS and the
creditor and debtor do not agree about the same,
the officer executing said process shall cause the
same to be ascertained, and alt exempted property
set out by the appraisers appointed and sworn tor
the purpose, as provided in the preceding section
for setting out the homestead, subject to like hmi,
lotions and provisions and the residue, any, shall
be sold which proceeding shall be stated IN the or
fcers return of such process
Ill The exemptions of Sections / and OF this
Act shall not extend to an attachment, levy or sale
on any mesne OF, final process issued to secure or
enforce the payment of taxes or obligations con-
tracted for the purchase of said homestead, or OBJ
legations contracted for: the erection Of improve
ments thereon Provided, 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 shall be subject to attach
ment, levy and sale to secure or enforce the pay
ment of obligations contracted in the production OF
the same but the Court issuing the process there
for shall certify thereon that the same Is issued for
said purpose, and no other. ,... = =. ..,
". The estate or right of homestead of hehead
of any family existing at his death shall continue
for the benefit of his widow and minor children,
and be held and enjoyed by them until the young
est child is twentyone years OF age, and until the
marriage or death Of the widow, and be limited to
that period but all the right title aud interest OF
the deceased in the premises in which such estate
or right exists except the estate of homestead thus
continued, shall be subject to the laws relating to
devise, descent, dover and sale, for psymeutNof
debts against the estate Of the deceased. ',.i..n
V. When widow or minor children are entitled
to an estate of right of homestead as provided In
the preceding section, the same may be set OF to
the parties entitled by the Judge Of the Probate
Court, who shall appoint three disinterested per-
sons resident in the county, who, having been duly
sworn, shall proceed to appraise and set out, by
turns thereof to him. If no complaint shall be
made against such appraisal and setting out Of the
homestead within twenty days thereafter, by any
party interested therein or any good cause appear
to the contrary, the same shall be confirmed by the
Judge and ordered accordingly
VI. Appraisers appointed to set out the home
stead under this Act, shall receveas compensation
two, dollars per day each for such services and the
same shall be paid by the officer executing the pro-
cess out of the property of the debtor or in case
of the homestead set out to a widow or minor
children, out of the estate of the deceased by the
executor or administrator thereof.
In the Senate House, the ninth day of Septem-
Der, in the year of our Lord one thousand eight
hundred and sixty-eight I'll.
President of the Senate
FL. MOSES, JR.,
Speaker House of Representatives
Approved ROBERT K. ScoTr, Governor.