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

invested, TO De rapalo Wltnln one
year.
SEC. 5. That whenever the funds
and assets OF the said association
shall have accumulated to such an
amount, that upon a fair division
thereof, such stockholders, for each
and every share Of stock held by
him or her, shall have received, or
be entitled to receive the. sum Of
two hundred dollars, or the value
thereof in perty or assets, and
such division and distribution shall
have been made, then the said asso-
cia:ion shall cease and determine d:
Provided, houevsr, That in case
the said association shall not have
closed it's operations and affairs,
as above provided for, within o
shorter period, then this Act shall
continue in force until repealed.
Approved March 13, 1872.
AN ACT TO REDUCE ALL ACTS AND
PARTS OF ACTS TO DETERMINE
AND PERpETUATE THE HOMESTEAD,
INTO ONE ACT, AND TO AMEND
THE SANE.
SECTION /. Be it enacted by the
Senate and House Of Representa-
tives, Of the State Of South Carroll
ma, now met and sitting in Gene
raj Assembly, and by the authori-
ty of the same:
That whenever the real estate
of any head Of a family resident
in this State shall be levied upon
by virtue of any mesne or final
process issued from any Court
upon any Judgment obtained upon
any right Of action, whether ari-
sing previous or subsequent to the
ratification of the Constitution of
the State of South Carolina, if the
same be the family homestead Of
such person, the Sheriff, or other
officer, executing said process,
shall cause homestead, such as
said person may select, not to ex-
ceed the value Of one thousand
dollars, to be set off to said person
in the manner following to wit {:
He shall cause three appraisers to
be appointed, ore to be named by
the creditor, one by the debtor,
and one by himself, who shall be
discreet and disinterested men, to
be selected from a different neigh
borhood, and in no wise related to
either party. resident in the coun-
ty, and who shall be sworn by q
Trial Justice, or a Justice of the
Peace, to impartially appraise and
set off, by metcs and bounds, a
homestead of the estate Of the deb
tor, such as he or she may select,
not to exceed the value of one
thousand dollars: and the said
appraisers shall proceed according
iy to set out the homestead, and
the 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 either party within thirty days
thereafter, no further proceedings
shall be had against the homestead,
but the residue Of the lands and
tenements of the head Of the fami-
ly, 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 home
stead, the Court out of which the
process issued may order a re-
! appraisment and re-assignment Of
the homestead, by other apprai-
sers appointed by the Court ::
And prooided 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 fami-
iy residing in this State, whether
the said person owns homestead
Of real estate or not, is taken or
attached by virtue of any mesne
or final process issued from any
Court, and said person shall claim
the property, or any part thereof.
as exempt from attachment and
sale on account Of the same being
the annual product Of his or her
homestead, or as subject to ex-
cmption 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
for the purpose, as provided in
the preceding Section for setting
out the homestead, subject to like
limitations and provisions, and the
residue, if any, shall be sold for
the payment Of debts, which pro-
ceeding shall be stated in the Off
GERS return of such process.
Sec. 3. That if the homestead
assigned under Section / of this
Act shall not amount in value to
one thousand dollars, then the
| Sheriff or other officer who shall