The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-03-28
Acls AND Jolnt Res ions sscd by the
;0snerat AsheSnbiys or 8outh1 Ca roiann.
rHeE"irr ses~ion,; 1871 end 1879. N,

NR ACRNTO IsEdULATEi THB PAY or THn
MEMBERS OF THE GENERAL ASSEMBLY.
INTELLECTUALLY The Senate and House of
Representatives Of the State of South Caro-
ina. no0 n'eso,td siAihg III General Assen,.
oty,i ana by TIE I oMh0tly Of de adinc.
'4AaseaghA pemhfE al. the next General
81 sis ESbdraa aoiafs' ana aa aaaS ns psssIy sH;s
for every mi's Of the ofdihary r6ufe III
travea inIgoiug I'd and retuIniua from ses.
saans otfjhe, general Assembly 49,
uAppSFooyed March 1l33,l 1872 MI. 49,,
an ACT ToS REDUCE ALL Aors 70 DETER.
NINE AND fERPRTuATE 1HBIHoMKsr,aAD
INTO ONE ACT. AND To,AASBNa THs sANn
i SECTIoN !, Be i: enactefI By the Senate
ana. House of Representatives. of The St0te
~ SOuth Carolina, notD met ana siHin1 In
General assembly! and By the authorfiy Of
the: same, That whenever the real estate
of any head Of family, resident in this
State, shall be levied upon by virtue Of
any >mesne or final process. issued from
any court, upon any Judgment obtaiptd
npon my right Of action, whether mis-
ing previous or Subsequent to the ratifi-
cHtion OF the Constitution of the State
OF South Carolina, If tho same bo the
family homestead Of such person, the
Sheriff, or other officer executing said
process, shall cause a homestead, such as
said person may select, not to exceed the
value OF one thousand dollars, 10 be set
ON 20 said person IN the manner follow
ing, to wit: lie shall cause three an
praisers TO be appointed, one to be
named by the creditor, one by the debtor
AMI ono by himself, who shall be dis.
Greet and dislntcrestcd mt ?, TO be select.
ed from different nn'e. borhood, and in
no wise related to eii..cri party, resident
IN the County, and who shall be sworn
ny Trial Justice. or Justice of the
Feace, TO 1mpnrtially appraise and go.
on, ny meets and bounds, homestead
OF the estate Of the debtor, such as he or
she may select, not to exceed the value
OF one thousand dollars; and tho said
appraisers s!an proceed accordingly to
SET out the homestead, and the set.off
and assignment 30 made by the apprais-
ers shal! be returned by the officer.
along with said process, for record in
court; and il no complaint shall be
made by either party within thirty davs
thereafter, no further proceedings shall
be had against the homestead. but the
residue Of the lands and tenements of
the head OF the family, if any more or
other he shall have, ehall be liable to al
tachment, levy and sale: Provided Tbat
upon good cause shown within thirty
days after assignment of the homestead,
the court out of which the process is
sued may order re:appraisement and
re- assignment of the homestead. by
other appraisers appointed by the court:
And proo1ded, further, That should the
csed1tors or debtor neglect or refuse,
after due notice from the officer execut.
ing the process, TO nominate an an.
pfaiser. then said officer shall appoint
the same.
SEC. 2. Whenever the personal pro.
perty Of the head of any family rcsidinu
IN this State. whether the said person
owns homestead of real estate or NOT
IS taken or attached by virtue of any
mesne or hnal process issued from any
court, and said person shall claim the
property, or any part thereof, as EXEMPT
from attachment and sale on account.of
ine same being the annual product of
his or her homestead, or as snbiect ~
exemption under the Constitution. and
the creditor and debtor do not aorea
about the same, the officer executing the
said process shall cause the same to he
ascertained. and all exempted property
set out by appraisers appointed and
sworn for the purpose, as provided in
the preceding section for setting ont the
homestead. subject to like limitntions
and provisions, and the residue, if anv.
shall be sold. for tho payment Of deh.s'
which proceeding shall be stated in tha
officers return OF such process.
SEQ That, if the homestead az.
a'gned under Section Of this Act, shall
not amount III value to one Thousand
dollars, then the Shcriff. O, other officer.
who shall make sale OF the rcsidue ~
the real estate of the person claiming tl,e
homestead, shall pay to SAID person. in
preference to ell other claims, ont Of the
proceeds Of snid sale, such sum in
money as VIII make up tue on" thousand
dollars
SEC. 4. That the hom-steuA When
assigned as herein prescribed, ehnll vest
IN the heads of the family in fee simple.
md be freed and discharged from all
debts and liabilities whatever, go lu,.ra
he or abe shall remain reaiden. ia his
State, and no longer.
Sec. 8. That the hcad or Lead. of nnv
family 10 whom homestead shall have
been assigned under this ACT, may sell
MI r,f u