The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-01-07
Homestead Law to be Amended.


Greenvile Enterprise makes the following
comments upon this subject While we
do not endorse all the views Of OUT re-
spectcd cotemporary in regard TO the
homestead law, VIC think that this article
deserves careful attention from the law
makers and the peopls:
We are glad to see that bill has been
introduced to amend the Homestead Act.
1t is certainly very directive. We would
cite the Legislature to the 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
levy. Aud all improvements by the
owner or his family on the homestead,
made after its assignment, should likewise
be protected from levy and sale. Previ-
sion should also be made to allow a sale
and investment of the proceedsin differ
ent tract of land or residence. The pre-
sent act most assuredy provides for the
final surrender of the homestead TO cred
tors after tho youngest child is of age,
the parents being dead. whereas, it should
be secured to the heirs, or allowed 10 be
disposed of by will. If time is fixed at
which the homestead must go out of the
family, however remote that time may be.
it effectually destroys one of its greatest
benefits. The great object of homestead
law-one at least-is to encourage the
permanent improvement of the country.
No family will feel an interest to improve
and adorn the place they live at, when
the law tells them it must be surrendered
to creditors after while, with all the i'm
provements they may put upon 1t. NO
one will plant an orchard, build houses. or
do the hundred other acts of improvement
on a homestead, when they know it must
inevitably 60 to some remorseless calcula-
ting creditor, who will sue and keep alive
hi. Judgment against the fatal day. We
would most earnestly urge upon the Leg
islature to incorporate in our Homestead
law the peculiar features Of the Georgia
act on the same subject. True, they aro
limited by the Constitution to ono thou
sand dollars MS the assessed value of the
homestead when laid off, whilst Georgia
has two thousand fye hundred. But
there is still greater necessity in this
State, for carefully guarding the little we
have against the wiles of calculating cred
itors. Another feature Of the Georgia
law should be Incorporated; that is, an ex-
press provision that the thousand dollar
means thousand dollars in specie value,
otherwise, it may happen that one man
has his homestead laid off when green
backs are ut discount of fifty per cent,
and will get about $500. another whilst
currency is at 25 discount, he will get
$3.50, but none will really get the 81 ,OO0,
unless the act defines it TO be specie value.
provided the courts do not otherwise con
strue it; but the law in this aspect should
not be left to construction. Judges are
usually made of old lawyers, and they
usually 20 in for the most rigid construtt
tions against debtors. We are, however,
in hopos of liberal and enlightened views
prevailing, both with the Legislature and
the Judges. Under the old regime, the
Legislature in this State was the most
iIiberal and merciless towards debtors OF
any other in tho Union. No homestead
was allowed, and the most miserable pit-
tance ofpersonal property exempted from
levy. 1t did look as if the rcproach of
our enemies was justified in some respects.
There was no regard in our laws for poor
unfortunate families. The laws seem to
have been made for the benefit of sharp
ers and spectators, wholly and solely;
Everybody now sees how stupid, as well
as heartless, were our old laws in not al
lowing liberal homestead. What i'm
mcnse suffering would have been preven-
ted, if the laws had been different before
the war. We should also have had q far
larger population, more education, and
far better condition Of society. The old
law, likewise, that confscated all wo-
mans property to pay the husbands
debts, was an abomination stcrniy adhered
to by the old fogy Legislators This has
added immensely to the curse of general
ruin that has inflicted this State.
-s>------
THE GENERAL misunderstanding OF
p,..s. ent JOhnson's Christmas proclama-