The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1872-04-10
ABBEVILLE S. c., WEDNESDAY. APRIL 10, 1872

ABBEVlLLE, >. u, w
of said sale, such sum in money az
will make up the one thousand dol
lars. ...... 4.
Sec. 4. That the homestead, when
assigned as herein prescribed, shall
vest in the heads Of the family in fee
: simple, and be freed and discharged
from all debts and liabilities what
ever, so long as he or she shall re-
main resident in this State and no
longer. ~
SEC. 5. That the head or heads of
any family to whom a homestead
shall have been assigned under this
Act, may sell and dispose of the same,
aud execute good and legal titles
thereto: Provided, They shall depos-
it the money arising from the sole
thereof, in the custody Of the Sheriff
of the county, until they shall pur-
chase another homestead within the
limits of this State; tho said Sheriff
to be responsible for the money 30
deposited upon his official bond.
SEC. S. That the said Sheriff shall
not pay out the money 80 deposited,
except to the person from whom the
heads of the family may purchase an
other homestead, as hereinbefore pre-
scribed, or so much thereof as will
pay for the same. Tho residue of the
money deposited, if any, shall then be
paid 10 the person or persons who
deposited the same: Provided that if
if another homestead shall not be
purchased, within the limits Of this
State, within three months from the
date of deposit, the Sheriff or other
officer, shall apply the money so de-
posted on the payment Of the debts
due from the depositor, if any there
be-.
SEC, Z. That tho exemptions con-
tanned in tho preceding sections Of
this Act shall not extend to an attach
ment, levy OF sale or any mesne or
final process issued to secure or en-.
force the payment of taxes or obliga.
tions contracted for the purchase Of
said homestead, or obligations con-
tracted for the erection Of improve
ments thereon; Provided, The court
or authority issuing said process shall
certify thereon that the same is is
sued for some one or more, and no
other Of said purpose; provided, fur
ther, The yearly prodpct Of said
homestead shall be subject to attach
ment, levy and sale, to secure or en-
force the payment of obligations con-.
tracted in the production of the:
same but the court issueing the pro-
cess therefor shall certify thereon
that the same is issued for said pur-
pose and no other.
SEC. 8. The widow and minor chill
dren of any deceased father or hus.
band shall be entitled to the rights Of
homestead. When widow or minor
children arc entitled to an estate or
right of homestead, the samo shall be
SET off, and the title executed to the
parties entitled by the Judge of the
Probate Court shall appoint three
DISTINGUISHED persons, resident in the
comfy, who, having been duly sworn,
shall proceed to appraise and set out,
by metes and bounds, such home
stead and make return to him. If no
complaint shall be made against said
appraisal and setting out Of the home
stead, within thirty days thereafter,
by any party Interested therein, the
same shall be confirmed by the Judge
and accordingly. -
SEC. 9. That one.third Of the an
nual products of agricultural laborers,
mechanics, artisans and tradesmen Of
every description, without regard to
valuation, character or condition of:
products or earning, shall be exempt
from attachment, levy and sale, ex-
cept to enforce the payment Of taxes.
SEC. 10. That no Sheriff, Constable,
or other officer, whose duty it is to
enforce executions, shall proceed in
any other manner than is prescribed
in this act. e.. =, ..-, -. . |
Sec, IL. Should any officer sell any
real estate, or sell or remove any per-
sonal property of the head Of any
family, whether the head Of such |
family is a free holder or not, with
out his or her consent, in violation of
the provisions Of this Act, and Of Sec
80 Of article 2 of the Constitution of
the State of South Carolina, he shall
be deemed guilty of malfeasance in
Office and on conviction thereof, shall
for the first Office, be fined in sum
not less than one thousand (1,0OO
dollars; and, for the second offense,
shall be liable to the parties for all in
juries by reason Of this wrongful levy
or sale.
Sec. IL. Appraisers appointed to
set out the homestead, under this Act
shall receive, as compensation, two
dollars, each, per day, and five, cents
mile for every mile necessarily
travelled, for such services. The
Trial Justice or Justice Of the Peace,
who qualities the appraisers, shall re-
ceive scventy-fve cents, and five cents
q mile for every mile necessarily
travelled, for such services. The fore
going fees shall be paid by the officer
executing the process, out of the
property of the debtor; or, in case oft
the homestead set out to g. widow or
minor children, out Of the estate of
the deceased, by the executor aor ad-
ministrator thereof The Sheriff is
hereby authorized to retain two and
one-half per cent. on every one hun
dred dollars deposited with him, as
directed by this Act, as compensation
for receiving and paying out moneys