The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1869-01-06
The observation-disclosures
LAWfto be Amended. :,

LAWjto be Amended.
This body has passed a resolution
to taleeta ffeoess from the 22d inst,
to tlfe 5th' h'January next. BY the
resolution no pay or mileage is
allowed during tho recess; this is
in accordance with the provisions
of the Constitution. ...
W,eSpresumo that most impor-
tantN bills ind measures will not be
finally voted on till aftor thcrccoss.
We gre glad to scethat IL bill has
been introduced to amend the
Homestead Act, 1t is certainly
very defective. We would cite
tho Legislature to tho Georgia
act on the same subject. Parties
claiming a homestead ought to be
allowed to have it laid off, if so
disposed, without waiting for u
]evy, And all improvements by
the owner or his family on the
homestead, made after its assign
mont, should likewise bo pro
tccted from levy and sale. PRO
vision should also,bc made to allow
a sale and, Investment Of the pro
ceeds in a ditfercnt tract Of land or
residence. The present act most
absurdly provides for the final
surrehder'of tho homestead TO
creditors latter tho youngest
child becomes Of age, tho parents
being dead, whereas, it should be
secured to the heirs, or allowed to
be disposed ofby will. lftime is
fixed atswhich the homestead must
go out f.the family, however re-
mote that time may be, it cffcctual-
ly destroys ono Of its greatest
benefits The great object Of II
HON estead:law--ono at least-is to
encourage the permanent i'm
proyement Of the country. No
family will feel an interest to i'm
provo and adorn the place they
live'Tat, when tho law tells them
that it must be. surrendered to
creditors after q while, with all
tho improvements they may put
upon,qit.,, No one will plant an
orchard, build houses, or do the
hundred other acts Of improvement
on a7homcstcad, when they know
it must inevitably go to some re-
morselcss calculating creditor, who
will sue and keep alive his judge
mont against the fatal day. We
would most earnestly urge upon
tho Legislature to incorporate in
oursHomostead law tho peculiar
features Of the Georgia act on tho
samo subject. True, they are
limited' by,thc Constitution to one
tholfsand dollars as tho assessed
value Of the homestead when laid
off, whilst Georgia has two thou
sand five hundred. But thcro is
still greater necessity in this State,
for. carefully guarding tho little We
have against tho wiles Of ca|cu-
iating creditors. Another feature
of tho Georgia law should be incor,
pofatedn" !" that is, an express pro
vision that tho Thousand dol
lars. means n thousand dollars,
thet is a thousand dollars in
specie value, otherwise, it may
happen that one man has his homo,
stead laid off whom grconbacks are
at = discount Of fifty per cent, and
will got about $500, another whilst
currency is at 25s discount, he will
get $3.50, but none will really get
tho $1,000 unless tho, act defines
it to be specie value, provided the
courts, do not, otherwise construct
it; but the, law. in this respect should
not bo left to construction. Judges
aro usually made Of old lawyer
and thoy usually 60 in for the
most rigid constructions against
debtors" We are however, in
hopes Of liberal and enlightened
views prevailing, both with tho
Legislature and the Judges. Under