The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-21
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Tho Laws Of South Carolina,


$50 A'!ss:s 9s.er.i Assembly At .h4 ssssioh 81
Az AcT TO REvIsE AND AMEND AZ .Acrr mn. M.
tT1ThRD IAN ACT TO .AkpUos., AN. 4nEs
l. MD PARTS OF ACTS 10 XWT
fERPErUATR THE HoAlHs1R4D MID anii
ACT AND TO AMEND THE aAKh." stss y q.
hlBe II enacted by the SeHuN dsd Hoas6 AZ
Representatives Of the S4ats Of 8outh Gaso-
Haq, 'sow met and siaing III General IA,
ssn6ty, and by the authority Of Ms same; =.
SECTIoN l. The family Homestead al
tne head OF each family residing in this
state. such homestead consisting OF
dwelling house. ous.5aiiIiugs anti isniis
appurtenant. not 10 exceed the value of
one thousand dollars, and yearly product
thereof, shall be exempt from attach.
ment, levy or sale, on any mesne or Anal
PROCESS Issued from any court upon any
judgments obtained upon any right OF
sequent to the ratification of the Consti.
tntlon OF the State OF South Carolina:
and it sliail be the duty of the Sheriff.
or other officer. before executing any
process against the real estate Of any
head OF family resident in this State,
10 cause q homestead, As Above stated, to
be set of to said person in the manner
following, to wit: He shall cause shres
appraisers to be appointed, one to: ba
named by tho creditor, sone BY the
debtQr nnd one by himself. who shall be
discreet aud disintetested. men, lnGl IN
nowise related to 'eithaf party resident
IN the County, aud Iwhb siiall be. sworp;
ny Q Trial Justice. .ors Atbss spfRisri Eau:
thorifed by law to sdmj1isiar oatLs. to.
|impattially nppraiae izaa sset id; bY
metes aud bounds, ath9mes stead, not. to-
exceed IN value one fhphsand dollars:
and said appraisers stall make return OF
their action in the prp.llisesl under their.
hands and seals. to tho Sheriff or. other
officer, within ten days after the assign.
ment and SET of is made for record III
court, giving tue mates and bounds, as
we'll ,as the valus OF the homestead so set
on, tpr Whinh purpose they shall be au
ehorlzed TO call In the uid Of surveyor.
II the y, OK u majority of them. deem it
necessary: And ii no complaint shall be
made by either party, within thirty days
after tho return of the appraisers has
been filed, The, proceedings in the case
shall be final: Prociaed, That, upon
good cause shown, within thirty iays
after tilipg te retnrn of said appraisers,
the court 6pt ~ which the pro- ess issued
nhy orders asireappraisement and re.
assignment Of the homestead by other
appraisers appointed blythe court :: And
proeiQed, furkhN, That shopid the ,oredi-
tor or debtor neglect or refuse, after ten
days notice from the officer in whose
,handa the process ID lodged, to nominate
an appraiser, then the said officer shall
appoint ttRd aan1e. g X Y(ff'', :, ltT = !
SEQ. D. That when thirty. deys shall
have elapsed after the fling the return
OF said nppraisere, setting off home
stead to any debtor, according to uthe
provisiops,ot Section ! Of this Act, and
no good cause has been shown, or ex-
oeptions filed, against such return. suoh
debtor may hnve such return recorded
IN the office of the Register of Mesne
Conveyance Of the County in which the
same is located; and, npon such return
being 30 recorded in thirty three DAYS
after the proceedings have become final,
the title to the homestead 80 set off and
assigned shall be forever discharged
from all debts OF said debtor then exist
isting or thereafter contracted.
SEQ. 8. That whenever in the assign.
ment of homestead, as provided in
Seation Of this Act, the appraisers shall
tind that the premises, including the
dwelling house and Out-houses, exceed
the value of one thousand dollars. and
that the same cannot be divided without
injury to the remainder, they shall
make and sign, under oath. an appraisal
thereof, and deliver the same to the
Sheriff, who snail deliver copy thereof
to the head Of the family claiming the
homestead, or to some member Of the
family Of suitable age to understand the
nature thereof, with notice attached
that. unless the person 80 claiming the
homestead shall pay to said Sheriff the
surplus of the appraised value over and
above one thousand dollars within sixty
days thereafter, such premises will be
sold; and, on failure to pay such surplus
in the tine limited, the Sheriff shall ad.
vertise and sell the said premises, and
out OF the proceeds OF. such sale shall
pay into the Office of the Clerk Of the
Circnit Court ono thousand dollars.
which shall be applied, under tho order
OF the Circuit Judge, upon the applioa-
ton Of the head Of the family, in the
purchase of q homestead of that value.
Ihe residue in the hands OF the Sheriff,
II any. after paying sll expenses Incl
dent to the appraisement and sale OF the
nrOnarfv rho1 In o~ol;oa ~ IT,