The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1872-08-28

family in fee simple, and be freed
and discharged from all debts and
liabilities whatever, so long as he
or she shall remain resident in the
State, and no longer.
Sec. 5. That the head or heads
Of any family to. whom a homef
stead shall have been assigned un-
der this Act, may sell and dispose
of the same, and execute good and
legal titles thereto: Provided, They
shall deposit the money arising
from the sale thereof, in the custo-
dy 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 de-
posted 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
homestead, as hereinbefore pre-
scribed, or so much thereof as will
pay for the same. The residue of
the money deposited, if any, shall
then be paid to the person Or
persons who deposited the same:
Prouided, That if another home
stead shall not be purchased: with
in the limits Of this State, within
three months from the date of de-
posit, the Sheriff, or other officer:
shall apply the money so deposit
ed to the payment Of the debts
due from the depositor, if any there
be.
Sec. Z. That the exemptions
contained in the preceding Sec
tions Of this Act shall not extend
to an attachment, levy or sale on
any mesne or final process issued
to secure or enforce the payment
of taxes OF 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 moro, and no 9TH
er, of said purposes Provided, Jur-
ther, The yearly product Of said
homestead shall be subject to at
tachment, levy and sale, to secure
or enforce the payment Of obliya-
tions contracted in the production
of the same; but the Court issu-
ing the process therefor shall GER
tify thereon that the same is is
sued for SAID purpose, and no oth-
er.
Sec. 8. The widow and minor
children Of any deceased father or
husband shall be entitled to the
right of homestead. When widow
or minor children arc entitled to
an estate or right Of homestead,
the same shall be set off, and the
title executed to the parties enti-
tied by the Judge Of the Probate
Court, who shall appoint three
disinterested persons, resident 10
the County, who, having been du-
Iy sworn, shall proceed to appraise
and set out, by metes and bounds,
such homestead, and make return
to him. If no complaint shall be
made against said appraisal and
setting out of the homestead, with
in thirty days thereafter, by any
party interested therein, the same
shall be confirmed by the Judge,
and ordered accordingly.
Sec. 9. That two-thirds Of the
annual products Of agricultural la
borcrs, mechanics, artisans, and
tradesmen Of every description,
without regard to valuation, cha
racter or condition Of products or
earnings, shall be exempt from at
tachment, levy and sale, except TO
enforce the payment Of taxes.
Sec. 10. That no Sheriff, Consta-
bic, or other officer, whose duty it
is to enforce executions, shall pro-
ceed in any other manner than is
prescribed in this Act.
Sec. II. Should any officer sell
any real estate, or sell or remove
any personal property of the head
Of any family, whether the head
of such family is freeholder or
not, without his or her consent,
in violation of the provisions Of
this Act, or Of Section 80 Of Arti-
Gle 2 of the Constitution Of the
State of South Carolina, he shall
be deemed guilty Of malfeasance
in Office; and, on conviction there
OF, shall, for the first offence, be
fined in a sum not less than five
hundred (50O) dollars, nor more
than one thousand (1,000) dollars;
and, for the second offence, shall
be dismissed from Office; and, in
either case, shall be liable to the
parties for all injuries by reason
of his wrongful levy or sale.
SEC. -. Appraisers appointed to
set out the homestead, under this
Act, shall receive, as compensa-
ton. two dollars, each, per day,
and FIVE cents a mile for every
mile necessarily Travelled, for such
services. The Trial Justice, or
Justice of the Peace, who qualities
the appraisers, shall receive seven