The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-03-21


praised, by appraisers appointed and sworn
for that purpose, as provided for In section
one of this act. shall vest absolutely In the
party freed from all debts of the debtor then
existing, or thereafter contracted, whether
such debtor retain or sell the property: Pho
vlded, further, That debtor being the head
OF family, as herenbefore stated, and not
being the owner OF any homestead, shall be
entitled to like exemption of personal prop
erty, as herein allowed to the owner of
homestead, to be ascertalned in the same
manner.
SEQ. 7. That the exemptions contained In
the preceding sections of this act shall not ex.
tend to an attachment, levy or sale on any
mesne or 1nal process Issued TO secure or en-.
force The payment Of taxes or obligations con-
tracted for the purchase of said homestead
or obligations contracted for the erec-
tion of improvements thereon: ProvId-
ed, The court or authority Issuing said
process shall certify thereon that the
same slssued for some one or mere, and no
other, of said purposes: Provided, further,
The yearly product Of said homestead shall be
subject to attachment, levy aud sale to secure
and enforce the payment of obligations con-
tracted In the production of the same, but the
court Issuing the process therefor shall certl''
iy thereon that the same is Issued for said
purpose, and no other.
SEQ. 8. Whenever the head OF any family,
widow or children shall be entitled TO an
estate or right of homestead as hereinbefore
provided, and no process has been lodged with
any officer against such homestead, the party
or parties entitled to suoh homestead may
apply at any time, by petition, to the Judge of
the Probate Court to have the same appraised
and set off, The Judge of probate shall there
upon. after giving public notice by advertising
the intention of such party or parties to have
his or their homesteads set of for thirty days,
in a paper published In the county where the
land llee, and in case no paper ia published In
the county, then by posting the notice on the
door OF his ofce, aud 10 three other public
places, for like length of time, appoint three
dislulerested persons, resident In the county,
who, having been duly sworn, shall proceed
to appralse and set of, by metes and bounds,
such homestead, and make return to him. If
no complaint shall be made by any creditor or
other person interested, against said appraisal
aud setting off OF the homestead, within thirty
days after the return Of the appraisers, the
same shall be confirmed by the Judge and or
dered accordingly: Provided, That no appraise-
nent shall be made or return fled until the
notice has expired. Personal property 10 the
extent and of the kind hereinbefore stated,
may b. exempted and set of In like manner.
Sec. 9. That one.thlrd Of the yearly pro.
ducts of every person, not being the head OF
a family, of every avocation, without regard
to valuation, character or condition of pro-
ducts or earnings, shall be exempted from at
tachment, levy and sale, except to enforce the
payment of taxes.
Sec. 10. That no sheriff, constable or other
officer, whose duty 1t Is to enforce executions.
shall proceed In any other manner than is
prescribed In this act; aud should any officer
sell any real estate, or sell or remove any per-
.onal property, In violation Of the provisions
OF this act, aud OF Section 80, Of Article II,
of the Constitution OF the State OF South Caro-
llns he shall bs guilty OF misdemeanor,
and, on conviction thereof, shall, for the frat
offence, be fined In sum not lees than five
hundred dollars. ($5O0) nor moro than one
thousand dollars, (slOoO,) and, upon convic-
tion for the second offence, hls office shall be
deemed vacant; aud, n either case, he, shall
be liable, In damages, to the parties Injured,
for all Injuries by reason Of his wrongful levy
or sale.
SEQ. IL. Appraisers appointed to set of the
homestead under this act shall receive as
compensation for such service two dollars
each per day, and Eve cents mile for every
mile of necessary travel. The sheriff shall re-
ceiys five dollars for all services Incidental to
setting Of the homestead, but exclusive Of al
necessary disbursement. The trial justice OF
other officer who qualities the appraisers
shall receive for such service twenty-five
cents, and five cents mile for every mile o.
necessary travel. The foregoing fees shall be
paid by the officer executing the process, GU,
of the property OF the debtor, or, In case Of
the homestead set of to the widow Of
| minor children, out Of the estate of the
deceased. by the executor or administrator
thereof: Provided, That the officer, before
| setting off the homestead and exemption
In any case, shall be entitled to demand ant
| receive from the plaintiff In execution, In ad
vance, sum OF money sufficient TO cover th'
necessary fees and costs herein allowed
Whenever homestead is set of, as provided
10 section OF this act, the probate judg'
shall receive as compensation five dollars fol
all services, Including the record OF the pro
ceedIDge, but excluding the advertising
which shall not exceed five dollars, and which
fees and costs shall be paid In advance bJ
| the party claiming the homestead and ex
| emptlon.
SEC. IL. All acts and parts of acts incon
slstent with or supplied by this act, be, anc
the same are hereby repealed.
Approved February 20, A. D., 1873.
JOTTINGS ABOUT THE STATE.
-Abbeyille Is to have reading club.
l of linn hpr reached