The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1871-05-10

* South Carolina, now mot and sitting in Gone
y raj esembly. and by the authority OF the same,
g>;5&T t from and after the passage OF this act,
Judgment debtors may, and they arc hereby.
authorized and empowered to sell and convey
any or all OF their real aud personal property
which may at tho timo be subject to levy aud
Gale,yto satisfy any Judgment or deoreo OF any
!. court in this State against the said, debtor,
d and to pay over the entire proceeds Of said
sale or sales to tho sheriff in whose office such
judgments, executions or decrees arc lodged,
{, to be applied by said sheriff towards tho satis-
faction of tho same; and provided no objection
shah Do made in writing by either of the judg.
ment creditors and filed with said sheriff as to
the prioe at which tho said property may have
been sold, within three months from and after
tho time suoh payment shall have boen made,
tho said sale or sales shall lthereupon bo con-
sidered conf med;, and tho Said sheriff
shall mako the following ondorsomont on tho
back OF the deed or deeds of conveyance, VIZ. :
'No objection having boon filed in my ohice to
2 tho within bargain and sale within tho timo
prescribed by law, this bargain and salo is
, therefore conf1rmed;' tho samo to be dated
and signed officially by said shorfi.
q SEQ. q. BE II further enacted, Should cithor
OF the Judgment creditors object to tho price
at which any OF tho said property may havo
been sold. aud flo suoh notice with tho shcrff
within tho time boforo mentioned, tho sheriff
shall Immediately proceed to lcvy upon and
offer for sale said property, proceeding, Ill all
respects, according to tho law in regard to
levy and sale by tho sheriff; aud if the highest
bid made for said property stall not bo moro
than tho amount OF tho indebtedness which
had boon cancelled by tho sale made by tho
debtor. tho sheriff shall withdraw nad prop
erty from sale; and tho creditor Or creditors
who may have filed their objection shall ho re-
qutred to pay all costs and expenses that ac-
oruel In consequences thereof. The shor1ft
shall mako tho following endorsement on the
back Of tho conveyance made by tho debtor,
viz : "Objection having boon filed in my Office
by --.--- ---, Judgment creditor, lowed
upon and cxposol for sale the property within
named; and falling to receive higher bid thau
the amount Of indebtedness cancelled by tho
proceeds of tho within bargain and sale, this
Balo is therefore confirmed" and signed ns di-
rooted in section 1 Of this bill.
SEQ. 8. BE IL Jtriher enacted, That in tho
event that tho property when exposed for saic
by tho sheriff, az providedS for in section 2.
should bring more than tho amount Of tho in
dobtedness cancelled by tho proceeds OF tho
salo made by tho debtor, Tho purchaser from
tho dobtor shall be refunded tho amount paid
by him, with interest from tho timo OF pay
ment, and tho bargain and eale mado by the
debtor rescnded, and titlos executed by tho
sheriff to the purchaser at his sale; md after
deducting tho costs and expona1s by reason OF
tho lovy and sale, tho iomaindor to be applied,
according to law, towards satisfaction Of tho
judgments or executions in his Office.
SEQ. 4. BE IL farthcr enacted, That all sales
OF either roal or porsonal property matlc by
Judgment debtors, and the centric m occods or
said sales having .brcn paid into the shcrin',
Office, to be applied toward the satisfaction OF
the demands i'll that Office against such dcbtor
prior to tho passage orsthis act, shall DO con
sidered confirmed, unless objections to tho
prico at which said property had been sold
shall DO made by any Of Tho judgment CT otiitorsI
t;nAn ',no"t'e from md alter tho r..
sage or this act; and, provided objections hal
be filed as specified in section 2 of Ibis ct, in
suoh oase tho Sheriff shall proceed ae directed
In section and of tLis aot.
SEQ. 8. BE d .ftt,ther enacted, rnat all acts
ana parts Of acts. inoonsistcp' with this act,
arc hereby repealed.
Approved tho 9TH day o. March, a. d. 1871.
AN ACT to rolcaso thohen Of tho State upun a |
lot ,f landlSin tho City Of Charleston, owned |
by Hhe South .Carolina Institute for tho
Prolotion ofnrt, mechanical ingenuity aud
indutry, and tako q similar lien upon the
now Ill oroctodi by said: South Carolina
Institu.
SECTION BE ii enacted by tho Senate and
House OF RNresentatives OF tho State of South
Oarol,nu' ho'mot and sitting in General AS
semoly' and D.tho authority of tho samo:
Ihas 'he hoh tho State of South Carolina
upon the sum o',n thousand .Edoars appro.
priated by the aote tho General Assembly. en-
titled "An act to NO appronr;otiops go,, Tho
year commencing l. OoLobcr. ono thousond
eight hundred and tifl. .wo ,r,t,nrd IN 1cf,
ofDecember, 1852 be, a. +ho ,,,,o ,,o,nI
released, and tho comptrC ~. oanor,l i. Lava
by directed to enter sais s,o,;o,, ,,,,a,, 49,,
mortgage Of tho lot Of land 8, ,,o 49,, ~. ',
side OF Meeting straot, III tho l., ~ C,,o,,a
ton, executed by the South Car, r,a..,.s.
for tho promotion OF art, mechaniS :.l''i.' su.o
and industry, to William Laval, ti"hon"'',
the lower division Of tho State of Sol. =, Va
limo, to secure the said appropriation ,,
vided, however, That tho City Counci..
charleston shall also release! its claim asaji.
tho South Carolina Institute for tho.promotoh
OF art. mechanical ingenuity and industry :
Provided, furthor, That tho said lot bo sold at
public auction, after ten days noti.e, publish
cd In the daily papers OF Charleston, and tho
proceeds thereof appropriated to tho payment
OF tho cost of the new hall recently eroc, cd on
the Washington Raco Course by tho said South
Carolina Institute: Provided, further, That
che State OF South Carolina shall have tho samo
lien and claim. totho extent OF tho mouoy ro-
al'zed from the said sale, upon tho said no "
hall erected rs aforesaid, that has heretofore
existed upon the said lot Of land.
Approved the 7th day Of March, AID. 1871.
AN Aor to incorporate tho Whippor Guards, of
Christ Church Parish.
SECTION l.. BE It enacted by tho Senate and
House OF Representatives. Of tho Slate of South