The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1872-06-19

shall cause u homestead, such as said
porson may select, not to exceed the
value of one thousand dollars, TO be
set of to said person in the manner
following, to wit; He shall cause
thr appraisers. to BE- appointed, one
to be named by the creditor, one by
the debtor, and one by himself, who
shall be discreet and dls'nterested
mon, to bo selected from different
neighborhood, and in nowise related
to either party, resident in the. Coun:
tv, and who shall be sworn hy Trial
Justice, or Justice Of the Peace, to
impar,ially arpraise and set off, by
metcs and ounds, homestead OF the
estate of the debtor, snch as he or
she may select, not to exceed the
value of one thousand dollars; and
the said'appraisers shall proceed. ac-
cordingly, to set out the homestead,
and the set-oR and assignment SO
made by the appraisers shall be re-
turned by the officer, along with said
process, for record in Court; and if
no complaint shall be made by either
party within thirty days thereafter,
no further proceedings shall be had
against the homestead, but tile residue
Of the lands and tenements of the
head of the family, if any more or
other he shall have, shall be liable to
attachment, levy and sale: Provided,
That. upon good cause shown, within
thirty days after assignment Of the
homestead, the Court out Of which
the process issued may order a re-
arprai.ement and re.ass!gnment OF
the homestead, by other appraisers
appointed by the Court: And provided,
Further. That should the creditors or
debtor neglect or refuse, after due
notice from the officer executing the
process, to nominate. an appraiser,
then said officer shall appoint the
same.
SEC. 2. Whenever tho personal prop
crty of the head Of any family resi-
ding in this State, whether the said
person owns homestead of real
estate or not, is taken or ut: ched BY
virtue of any mesne or final process
issued from any Court, and said per-
son shall claim tho property, or any
part thereof as exempt from attach
ment and sale on account Of the same
heing tho annual product of his or
her homestead, or as subject TO ex-
rmption under the Constitution, ard
the creditor and debtor do not agree
about the same, the officer executing
said process shall cause the same to
be ascertained, and all exempted
property Set out by appraisers ap-
pointed and sworn for the purpose, us
provided in the preceding Section for
setting out the homestead, subject to
like limitations aud provisions, and
tho residue, if any, shall be sold. for
the payment Of debts, which proceed
ing shall be stated in the Offices
return of such process.
S C. 3. That, if the homestead as
signed under Section ! OF this Act
shall not amount in value to one
thousand dollars, then the Sheriff or
other officer who shall make saIesof
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 sum in money as
will make up the one thousand dol:
lars.
SEC 4 That tho homestead, when
assigned as herein prescribed, shall
vest in the heals Of tho family: in fee
simple, and be freed and discharged
from ull debts and liabilities whatever,
80 long as he or she shall remain resi-
dent in this State, and no longer,
Sec 5. That the head or heads of
any family to whom homestead
shall have been ASST gned under this
Act, may sell aud dispose Of the same
aud execute good aud lcga! titles
thereto: Provided, They shall de-
posit the money arising from the sale
thereof in the custody of tho Sheriff
of the County, until they shall pur-
chase 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 dep sited,
except 10 the person from whom the
head or heads Of the family may pur.
chase another homestead as herein
before prescribed, or so much thereof
US will pay for the same. The residue
Of the money deposited, if ally, shall
then be paid to the person or persons
who deposited the same: Provided,
That if another homestead shall not
be purchased, within the limits Of
this State, within three months from
date Of deposit, the Sheriff, or other
officer, shall apply the money so de-
posted to the payment Of tho debts
due from the depositer, if any there
b..
SEC. z. That tho exemptions con-
tanned in the preceding Section of
this Act shall not extend to an at
tachment, levy or sale on any mesne
or final process issued TO secure or
enforce tho payment Of taxes or obli-
cations contracted for the erection
of Improvements thereon: Provided,
The Court or authority issuing said
process shall certify thereon that the
same is issued for somc ono or more,
and no other, of said purposes: Pro-
vided, further. The yearly product of
said homestead shall be subject to
attachment. levy and sule, to secure
or enforce the payment Of obligations
contracted in the production Of the
same; but the Court issuing the pro-
cess therefor shall certify thereon