The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1873-05-07

! '"I 'hc 'T'cllon OF Improvement
thereon: ProrMcd, Th, court or
authority issuing said process
shall certify thereon that the samo
Is issued for some one or more,
and no other, Of said PURPOSES:
If"rjdtd. .tWfhcr, The yearly pro.
duct Of said homestead s!!...l be
subject to attachment, levy and
sale to secure and enforce the
payment OF obligation contracted
IN the production Of the same, but
the court issuing the pr0ccs+
therefor shall certify thereon that
the same is issued for said pur-
pose, and no other.
SEcrloN s. Whenever the head
OF amy family, widow or children
shall hc entitled to an estate or
right of homestead rs hrrcinhc-
fore provided, and no process haas
been lodged with amy officer a.
galnst such homestead, the party
or rparlics entitled to such homC-
stead may appl y at any time, 10y
petition to the judge of the Pro
bate Court, to have the same ap-
praised and set off. The Judge Of
PROBATE Shall, thrrrupon, after
giving public notice hy ndvcrtis-
ing the intention Of such party or
parties to havo his or their home
stead set off for thirty days in u
paper published in the county
where the land lies, and in case no
paper is published III the county,
then by posting the notice on tho
door Of his office, and in thrco
other public places, for like
length Of time. appoint three dis
interested PERSONS, resident in tho
county, who, having been duly
sworn, shall proceed to appraiso
and SGT of, 10y mctcs and bounds,
such homestead, and make return
to him. lfno complaint shall bo
made by any creditor, or other
person interested, against said ap-
praisal and setting Off Of tho homo
stead, within thirty days after
the return OF appraisers, tho samo
shall be confirmed iy the judge
and ordered accordingly Pro-
rifrd, THAT no appra,scmcnt shall
be made or return filed until
the notice has expired. Personal
property, to the extent and Of tho
kind hcrrinhrforr stated may bo
exempted and set off in like man.
ncr.
SECTION Q. That ono.third Of
the yearly products Of every per-
son: not being the head Of FAM
lly, Of every avocation, without
regard to valuation, character or
condition Of products or earnings,
shall hc exempted from attach
mcnt, levy and sale, except to en-
force the payment Of taxes.
SEcTloN 10. That no sheriff con-
Stable or other officer, whose duty
1t is to enforce executions, shall
proceed in any other manner than
is prescribed in this act: and
should any officer sell any real
property, in violation Of the pro-
vision Of this act, and Of section
~ OF article second Of the consli-
tuition of the State OF South Caro-
lima, he shall be guilty or Il mis-
dcmranOr, and on conviction
thereof shall for the first offence,
hc fined in a sum not less than
tivo hundred dollars, (s500,) nor
more than one thousand dollars,
($1, ,O00,) and upon conviction, for
the second offence, his Office shall
be deemed vacant and, in either
case, he Shall be liable, in damages
to The parties injured, for all in
jurics, by reason Of his wrongful
levy or sale.
SEcT'oN II. Appraisers appointed
to set of the homestead under this
act shall receive as compensation for
such service two dollars each per day,
and live cents mile for every mile of
necessary travel. The sheriff shall
receive five dollars for all services in
cldcntaI TO setting off the homestead,
but exclusive Of all necessary disbursc-
mcnts. The trial justice or other oili-
Ger who qualities the appraisers shall
receive for such service scvcnty-five
cents, and five cents mile for every
mile of necessary travel. The fore
going fees shall be paid by the off.
Ger executing the process, out of the
property of the debtor. or, in case of
the homestead set OIL to the widow or
minor children, out of the estate Of
the deceased, by the executor or ad-
ministrator thereof: Proridcd, that
the officers, before setting off the
homestead and exemption, in any
case, Shall be entitled to demand and
receive from the plaintiff in execution
III advance, sum of money sufficient
to cover the necessary fees and costs
herein allowed. Whenever u home
stead is set off as provided in section
of this act, the probate judge shall
receive as compensation five dollars for
all services, Including tho record of
the proceedings, but excluding the
advertising, which shall not exceed
five dollars, and which fees and costs
shall be paid in advance by the par
'ty claiming the homestead and cxcmp-
ton.
SECTION 10 All octs and norts ,f