The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1869-01-06
The Legislature-Hemestead
Law to- be Amended.

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Law to be Amended
THIS BODY has passed a resolution
to take q recess from the 22d inst,
to Ae 5th January next. By the
resolution no pay or: mileage is
allowed during the recess; this is
in accordance with the provisions
of the Constitution. -
We presume that most, imper-
tant bins and measures Wilt not Be
finally voted on till after therecess.
We are, glad to see that a bin has
beea. introduced to amend the
Homestead Act. It is certainly
very defective. We would cite
the Legislature to the Georgia
act on the same subject. Parties
claiming q homestead ought to be
allowed to have it laid off, if 50
disposed, without waiting for a
levy. And all improvements by
the owner or his family on. the
homestead, made after its assign
meat, should likewise be pro-
tected fem levy and sale, Pro
vision should also be made to allow
a aala and insestmentzof the pro-
eee1s in a different tract Of land or
residence.-The present act most
absardly provides for the final
surrender Of the homestead TO
creditors after the youngest
child becomes Of age, the parents
beiag dead whereas, it should be
secured TO the heirs, or allowed to
be disposed of by will. If time is
fixed asrwhich the homestead must
60 outsof the family, however re
mote that time may be, it cfectual-
ly destroys one of its greatest
benefits The great object Of, a
homestead law-one at least-isto
encourage the permanent i'm;
PROVEN ment2sof the country. No
family will feel an interest to i'm,
prove and adorn the place. they
lives7at, when the law tells them
that qit must be surrendered to-
creditors after, a while, with all
the improvements they may put
upoassit.. No one will plant an
orchard, build houses, or do the
hundred ot5eracts ofimproyepent
onoa homestead, when they know
it must inevitably go to some re-
morseless calculating creditor, who,
will sue and keep alive his judge
ment against the fatal day. We
would most earnestly urge upon
the Legislature to incorporate in
our HON mestead law the peculiar
features of the Georgia act on the
same subject. True, they are
limited by 1.-The Constitution to one
Thousand dollars as the assessed
valae ofthe homestead when laid
off. whilst Georgia has two thou
sand Eve hundred. But there is
still greater necessity in-this State,
for carefully guarding the little we
have against the ;wiles 4ef calcu-
lating creditors. Another feature
oGther Georgia law should be lneor-
psrated:sthat ISL an express pro-
vision that the thousand dol.
lars means a thousand dollars,
that is q, thousand dollars in
specie value, otherwise, it may
happen that one man has his home
stead laid off when greenbacks are
at q discount of fifty per cent, and
viii ge.. about $500, anotherwhilst
currency is at rs discount, he will
get $3.50, but none will really get
the $1,000 unless the act defines
it to be specie value, provided the
courts do not otherwise construct
it; but the law in this respect should
not be left to construction. Judges
are usually made Of old lawyers,
and they usually 60 in for the
most rigid constructions against
debtors. We are however, in
hopes of liberal and enlightened
views prevailing, both with the
Legislature and the Judges. Under