The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-04-04

s ?
PASSED By YAF DO; :
LEgIsLATuRE@sESSI0N 1871 AID 1872.
Il III IeFrIcTAL1 ii
An ACT TO REDUCE ALL ACTS TO DETERMINE
AND PERPETUAE THE HoMESTRADTINEo ONE
ACE, AND TO AMEND THE SAME.
Section /. Be It enacted by the Senate and
House of Representatives of the State OF South
Carolina. now met and sitting In General AS
sembly, and by the authority of the same:
THAT whenever the real estate Of any head of
family resident in this State shall DO levied
upon by virtue of any mesne or fnal process
issued from any court upon any Judgment OBJ:
tanned upon any right of action, whether aris-
ing previous, or subsequent to the ranneatfon
of iheConstitution of the State of South Caro-
lima. if the same be the family homestead OF
such person, the Sheriff, or other officer, e1eI
cutting said process, shall cause homestead,
such as said person may select, not 70 e3ceeo q
the value ofEone thousand dollars, TO be seton
TO said person in the manner following, to W.T.
Me shall cause three appraisers to be appointed,
enc to- be named by the creditor, one by the
debtor. and one by himself, who shall be dis
Greet and disinterested men, to be selected from
q different ueighborhood, and in no .wlse re-
(, lated to either party, resident IN the county,
and who shall be sworn by Trial Justice, or
Justice of the Peace, to impartially appralse
and set off, by ymetes and bounds, homestead
of the estate of the debtor, such as he or she
NAV select. not 10 exceed the value of one
thousand dollars and the said appraisers shall
proceed accordingly to set out the homestead,
and the set-off and assignment SO made py Lne
appraisers shall be returned by the officer along
with said process, for record in court; and II
no complaint shall be made by either party
within thirty days, thereafter, no further pro-
ceedings shall be had against the homestead,
but the residue Of the lands and teuements OF
ths 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, tho court out of which the Pro.
ce,s issued may order re-appraisement ana
reassicnment of the homestead, by other ap-
praisers appointed by the court: And provided,
further. That should the creditors or debtor
neglect or refuse, after due notice from the
eficer executing the process, to nominate an
appraiser, then said officer shall appoint tine
same a.
See. 2. Whenever the personal property OF
the head of any. family residing in this State,
whether the said person owns homestead OF
real estate or not, is taken or attached 6y VIZ
tue of any mesne or final process issued from
any court, and said person shall claim the pro-
perty, or any part thereof, as exempt from at
tachment and sale on account OF the same Delng
the annual product of his or her homestead, or
as subject to exemption under the Constitution o,
and the creditor and debtor do not agree about
the same, the officer executing the said process
shall cause the same to be ascertained, and all
exempted property set out by appraisers ap,,
pointed aud sworp for the purpose, as provided
in, the preceding section for setting out the
hdnisstead. subject to like limitations and pro-
Visions and the residue, if any, shall be SOLD,
forJthe payment of debts, which proceeding
shall be stated in the officers return OF such
process. ,nd.-
section of this Act shall not amount in value
to one thousand dollars, then the Sheriff, or
ether officer, who shall make sale of the resi-
due of the real estate of the person claiming
the homestead, shall pay to said person, IN pre-
ference to all other claims, out OF the proceeds
of said sale, such sum in money as will make
up the one thousand dollars. IL. :,
Sec. 4. That the homestead, when assigned
"a herein prescribed, shall vest in the heads OF
the family in fee simple, and be freed and dis
CHARGED from all debts and liabilities whatever,
40 long as ne or she shall remain resident IN
this State, and no longer. !
ASec., 5. That the head or heads Of any family
to- whom homestead shall have been assigned
under this Act, may sell and dispose OF the
same, and execute good and legal titles thereto:
Provided, They shall deposit the money arising
Aum the. sale tbereof, 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 TOR the
money so deposited upon his official bond.
Sec. 6. That the said Sheriff shall not pay
yut the money so deposited, except to the per-
SOU. from whom the head or heads OF the 1amiiy
NAV purchase another homestead, as hereinoe-
fore prescribed, or so much thereof as WILL pay
for the same. The residue OF the money de-
posited. if any, shall then be paid to the person
ppr-asrs3Hs who deposited the same: Provided,
That if another homestead shall not be pur-
chased, within the limits Of this State, within
three months from the date of deposit, the
Sheriff. or other officer, shall apply the money
90 deposited to tie payment of the debts due
from the depositor, if any there be.
Sec. 7. That the exemptions contained In the
r,reyedinp sections of this Act shall not extend
i to an attachment, levy or sale OF Sny mesne or
final process issued TO secure or enforce the
nayment of taxes or obligations contracted for
the purchase of said homestead, or obligations
contracted for the erection OF improvements
thereon: Provided, The court or authority
issuing said process shall certify thereon that
the same is issued for some one or more, and
no,other, of said purposes: Provided, further,
The yearly product of said homestead snail De
subject to attachment, levy and sale, to secure
or enforce the payment of obligations contract
ed in the production of the same; but the court
;ssuinp the process therefor shall certify there
on that the same is issued for said purpose, and
Ser, 5. The widow and minor children Of
ony deceased fasher or husband shall be enti-
tIed I to fhe right Of homestead. When widow
Wv MINOR Children are entitled to an estate or
ri r;cbt Of homestead, the same shall be set oil,
apd tho NJ title executed to the parties entitled by
the the Judge of the Probate Court, who shall n
anno;nt three disinterested persons, resident in
the county Who having been duly sw0sn shall hall
SomnSSs smell homestead, and make return to