Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1872-04-04

Treasurer's certificate Of sale, to exc.
cute q deed in accordance with Sec
tion 33, Chapter Is: Title 8. of the
General Statutes of South Carolina
Sec. 7. That this Act shall take
effect from and Immediately after its
passage, and that all Acts or parts Of
Acts Inconsistent with the provisions
of this Act be, and. the same are
hereby, repealed.
Approved MARCH, y, 1872
AN ACT to Reduce aA Acts and
Ports Of Acts to Determine dad
Pc,petlate tile Homestead, into one
Act, and to amend the same.
SECTION l. Be 1t enacted by the
Senate and House of Representatives
of the State of South Carolina, now
met and sitting in General Assembly,
and by the authority ut 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 obtain
ed upon any right of action, whether
arising previous or subsequent to the
ratification of the Constitution of the
State of South Carolina, if the same
be the family homestead Of such per-
son, the Sheriff, Or other officer, exc
cutting said process, shall cause a home
stead, such as said person may select,
not to exceed the value of one thou
sand dollars, to be set off to said per
son in the manner following to wit:
He shall cause three appraisers to be
appointed, one to be named by the
cleditor, one by the debtor, and one
by himself, who shall be discreet and
disinterested men, to be selected from
a different neighborhood, and in no
wise related to either party, resident
in the county, and who shall be sworn
by a Trial Justice Of the Peace, to
impartially appraise and set off,. by
metes and bounds, a.homestead OF the
estate of the debtor, such as he or
she may select, not to exceed the
value Of one thousand dollars and
the said appraisers shall proceed ac-
coriingly to set out the homestead,
and tie set off: and assignment
so made by the appraisers shall be
returned by. the officer, along with
said process, for record in Court; and
if no complaint shall be made by Ell
ther party within thirty days there
after, no further proceedings. shall be
qad against the homestead, but the
residue of the lands and tenements
of the head Of the family, if any
more or other be shall have, shall be
liable to attachment, levy and sale:
P.oudcd, Thatupon good cause shown
within thirty. days after assignment
of the homestead, the Court out OF
which the process issued may order
a re-appraisement and re-asslgnment
of the homestead, by other apprais-,
ers appointed by the Court: Amd
provided ,twther, That should the
creditors or debtor neglect or refuse,
after due notice from the officer exc
cutting the process, to nominate an
anrrsiser then said officer shall ap-
point the same.
SEC. 2. Whenever Tie personal
property of the head of any family
residing in this State, whether the
said person owns a homestead OF real
estate or not, is taken or attached by
virtue of any mesne or final process
issue,l from any Court, and said per-
son shall claim the property, Or any
part thereof, as exempt from attach
ment and sale on account OF the same
being the annual product of his or
her homestead, OF as subject to ex.
emption under the Constitution, and
the creditor and debtor do not agree
about the same, the Officer executing
said process shall cause the same t"
be a>ccrtained, and all exempted prop,
erty set out by apprai era appointed
and sworn for the purpose, as provi-
ded in the preceding Section for set
ting out the homestead, subject to
like limitations and provisions, and
the residue, if any, Shall be sold for
the payment Of debts, which proceed
ing shall be stated in the officers re-
turn OF such process.
Sec. 3. That if the homestead as
signed under Section l of this Act
shall not amount III value to one
thousand dollars, then the Sheriff or
other officer who shall make sale OF
the residue Of the real estate of the
person claiming the homestead, shall
pay to said person, in preference to
all other claims, out Of the proceeds
of said sale, such a sum in money
as will make up. the one thousand
dollars.
SEC. 4. That the homestead, when
assigned as herein prescribed, shall
vest in the heads of the family in fee
simple, aud DO freed and discharged
from all debts and liabilities what
ever, so long as he or she shall, re-
main resident in the State, and no
longer.
SEC. 5. That the head OF heads of
any family TO whom a homestead
shall have been assigned under this
Act, may sell and dispose Of the
same, and execute good and legal tt, j,
ties thereto: P'oulled, They shall
deposit the money arising from the
sale thereof, in the custody of the
Sheriff of the County, until they shall
purchase another homestead within
the limits of this State; the said
Sheriff to be responsible for the
money SO deposited upon his official
bond.
SEC. 6. That the said Sheriff shall not
pay out the money so deposited except to
the person from whom the head or heads
of the family may purchase another home