The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-03-28
LAWS OF, THE STATE.
ACTS OF THE GENERAL ASSEMBLY
OF SOUTH CAROLINA.
: Published by Authority.

Published by Authority.
AN Aer to Reduce all Acts and Parts of Acts
to Determine and Perpetuste the Home
stead, into one Act, and to Amend the
same. a.i ~ ....
SECTION l. Be 1t enacted by the Senate and
House of Representatives of the State ofsouth
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 be levied
upon by virtue of any mesne or final process
issued from any court upon any judgment OBJ
talned upon any right of action, whether aris-
Ing previous or subsequent to! the ratification
of the Constitution of the State of South Caro-
lima, If the same be the family homestead Of
such person, the sheriff or other officer exc
cutting said process shall cause q homestead,
such as said person may select, not to exceed
the value of one thousand dollars, to be set off
to said person In the manner following, to
wit: he shall cause three appraisers 10 be
appointed, one to be named by the credi-
tor. one by the debtor, and one by him
self, who shall be discreet and dislnter-
ested men, to be gelected from differ
ent neIghborhood, and In no wise related to
either party, resident in the county, and who
shall be sworn by trial justice, or q justice of
the peace, to impartially appralse and set of,
by metes and bounds, q homestead of the es-
tate Of the debtor, such as he or she may BE-
lect, not to exceed the value Of one thousand
dollars; and the said appraisers shall proce d
accordingly to set out The homestead, and the
set-of and assignment so made by the ap-
praisers shall be returned 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 pro.
ceedings 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, shall be liable to attachment,
levy and sale. Provided, That upon good
cause shown Ritbin thirty days after assign
ment Of the homestead, the court out Of which
the process Issued may order re-appraise-
ment or re-asslgnmeat 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 the personal property
of the head of any family residing in.thls
State, whether the said person owns a home.
stead of real estate or not, is taken or at.
tached by virtue of any mesne or final process
Issued from any court, aud said peraon shall
claim the property or any part thereof as e1.
empt from attachment and eale on accout OF
the same being the annual product Of his OF
her homestead, or as subject to exemption
| under the constitution, and the creditor and
| debtor do not agree about the same, the Off.
Ger executing said process shall cause the
same to be ascertained, and all exempted
property set out by appraisers appointed and
sworn 70, tho purpoae. as provided In the pre-
eedlng section for setting out the homestead
subject to like limitations and provisions, and
the residue, If any, shall be sold for the pay
ment of debts, which proceeding shall be
stated In the officers return OF such process.
SEC. 8. That the homestead assigned under
section of this act Shall not amount In value
to one thousand dollars, then the sheriff Of
other officer who shall make sale of the resi-
due of the real estate of the person claiming
the homestead, shall pay to said person, IL
preference to all other claims, out of the pro
ceeds of said sale, such q sum In money al
will make up the. one thousand dollars.
SEC. 4. That the homestead, when assignet
as herein prescribed, shall vest in the head
of the family In fee simple, and be freed ant
discharged from all debts and liabilities what
ever, so long as he or she shall remain resi-
dent in the State, and no longer.
SEC. S. That the head or heads Of any fami
" to whom homestead shall have been as
signed under this fact, may sell and dispose o
the same, and execute good and legal title
thereto: Provided they shall deposit th'
money ariting from the sale thereof, in tht
custody of the sheriff of the county, until the!
shall purchase another homestead within tht
| limits of this Stale; the said sheriff to be re
sponsbe tor the money go deposited upon hi
official bond.
SEC. 6. That the said sheriff shall not pa!
out the money 80 deposited except to the per
son from whom the head or heads of the fami
ly mav purchase another homestead, as here
inbefore prescribed, or so much thereof as vii
pay for the same. The residue of the none.
deposited, If any, shall then be paid to thu
person or persons who deposited the came
| Provided that II another homestead shall no
be purchased, within the limits of this Stale
within three months from the date of deposit
the sheriff, or other officer, shall apply tht
money so deposited to the payment of thu
debts due from the depositor, II any there be-
SEC. 7. That The exemptions contained II
the preceding sections of this act shall not ex
tend to an attachment, levy or sale on an!
mesne or final process issued to secure or en-
force the payment of taxes or obligations con
tracted for the purchase of said homestead, Of
obligations contracted for the erection of i'm
provements thereon: Provided, The court ol
authority issuing said process shall certlf!
thereon that the same is Issued for some one
or more, and no other, of sold purposes: Pro
vided further, The yearly product of sale
homestead shall be subject to attachment, lev!
and sale, to secure or enforce the payment o
| obligations contracted in the production OF lht
same; but the court issuing the process there
for shall certify thereon that the same is issued
for said purpose, and no other.
SEC. 8. The widow and minor children O
| onr dpceaaed father mr. husband shall be en-