Beaufort Republican. [volume] (Beaufort, S.C.) 1871-1873, 1872-06-20
OFFICLAL.
Acts and Joint Resolutions passed by
the General Assembly of South Caro-.
lima, Regular Session, 1871 and 1872.

L
one act, and to Amend the same.
Section /. Be it enacted by the Sen
ate and House of Representatives Of
the State of South Carolina, now met
and sitting in General Assembly, and
by the authority of the same:
That whenever the real estate Of
any kind Of family resident in this
State shalI be levied upon by virtue of
any mt sne or final process issued from
any court upon any Judgment obtained
upon any right o. ac'iOn, whether ars-
ing previous or subsequent to the rati-
fication Of the Constitution of the State
of South Carolina, if the same be the
family homestead of such person, the
Sheriff. or other officer, Ike cutting 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 man
ner following, to wit: He shall cause
three appraisers to be appointed, one
to be named by the creditor, one by
the debtor, and one by himself, who
shall he discreet and dlsinterested men
to be selected from different nci III
bOrhOOd. and in no wise related to
either party. resident in the county,
aud who shall BE- sworn by Trial JUS
lice, or-a Justice OF the p rtce, to i'm
part imyGppraisE anr+set q Fl by metes
and bsdHhs, a homestead bf the estate
of the Debtor, sucS as hei or she may
select, mot ~ exceed the value Of one
ihousast~oOllarS; and the sad apprais.
ers shall proceed accordingly to SIT out
the homestead, and the Set off and as
signment so made BY The appraisers
shall he returned by the O.Gc"r, along
with sad process, for record in court;
and if no complaint shall be made by
either party within thirty days there.
after, no further proceedings shall be
had against the homestead, but the
residue Of the lands and teaements Of
the head Of the fAmily. if any more or
other he shall have, shall be- liable to
attachment, levy, and sac: PfOYIdrd,
That upon good cause III wa within
thirty days after assignment Of the
homestead. tn court out "f which the
process isSued may order re-appraise-
ment and a.asslgumrnt Of the home
stead by other appraisers appointed
by the curt: And provid d. further.
That should the creditors or debtor
neglect or refuse. afterfdue notice from
the oflicer( executing the process. to
nominate an appraiser, then said officer
shall appoint the same.
u o1
property Of the hsad Of any family re
siding in this State. wht thcr the said
p"rs,n owns a homeStt ad Of real es' ate
or not, is takarK or attached ny virtue
of any mesue or final process issued
from any court. aud said person. shall
calm the property. or any part there
of, as exempt from attachment and
sale on account "f. the same being the
annual product OF his or her home
stead. or as subject to exemption un-
der the )nS'itu'iOn, and the creditor
and debtor do not agree about the
same. the officer executing the said
process shall cause the sam" TO be
ascertaincd. and all exc mpted proper
ty set out by appraisers appointed and
sworn for the purpose, las provided IN
the preceding section for setting on.
the homestead, subject to like limita-
tions and provisions, and the residue.
if any. shall b. sold. for the payment
of debts, which proceeding shall be
stated in the officers return Of such
process.
Sec. 3. That if the homestead as
-, 1 nf .t ch al
not amount in value to one thousand
dollars, then the Sheriff, or other
officer, who shall make sale of the resi-
due of the real estate of the person
claiming the homeste shall pay to
said person, in preference to all other
claims out OF the proceeds "t SAID sale,
such sum in money as will make up
the one thousand dollars.
Sec. 4. That the homestead, when
assigned as herein prrscrIbrd shall
vest in the heads Of the family in fee
simple and be freed and discharged
from all debts and liabilities whatever.
50 long as he or she shall remain resi-
dent in this State, and no longer.
SIC ). That the head or heads Of
any family 10 whom homestead shall
have been assigned under this act. may
sell and dispose Of The same, and exc
cute good and LEGAL titles thereto: Pro-
vided, They shall deposit the money
arising from the sale thereof, 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 RESPONSE.
ble fpr the money so deposited upon
his official bond.
Sc. 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 pur-
chase another homestead, "a hereinbe
fore prescribed, 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: Provided. That if
another homestead shall not be pur-
chased. Within the limits Of this State,
within three months from the dateOf
deposit, the Sheriff, or other officer,
shall apply the money so deposited to
the payment Of the debts due from the
| depOsitrr, if any there be.
Sc Z. That the exemptions con-
tained in the preceding sections Of this
act shall not extend to an attachment,
levy or sale on any mesue or fiual pro.
cess issued to secure or enforce the
payment Of taxes or obligations con-
tracted for the purchase OfsaId home
! stead. or obligations contracted for the
erection ofimprovrments of thereon: Pro-
vld. d, The court or authority issuing