The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-03-06
3Tbe IIomestead Law.

HOYT& CO. fOprletoI.
The Homestead Law. ,.,
Act to Revise end Amend an Act entitled aAn Act
70 Reduce all Acts and 81 to Amend the
same"
,.Bszit enacted by, the Senate andsHouse OF
Representatives of the State of South Carolinas
now met,aha sitting in General Assembly, ana
by the authority of the same:
SECTroN /. The family homestead of the
head of each family residing an this State, such
homestead consisting of dwelling house, o1t,
buildings and lands appurtenant, not to exceed
the value of one thousand dollars, and yearly
product thereof, shall be exempt, from atlaen-
ment, levy and sale, on any mesne or hnai pro-
ss.issued from any Court upon any Jpdgment
obtained upon any right 2 OF action, OF WnesRes
Arising previous or subsequent to the IaIinca-
tion of the Constitution of the State OF South
Carolina. and it shall be the duty of the
Sheriff or other officer before executing any
rrocas saasainst the. real estate Of any heatof
family resident inethis State, to cause home
stead. as above stated, to be set of to said per.
SON, in themanner following, TO wit: He shatl
cause three appraisers to be appointed, one 10
be named by the creditor, IonegbY the debtor,
and one by himself, who shall be discreet and
3isinferested, men; and in no wise trelatedfto
either r,arty. resident in the County, and who
shallebe sworn by Trial Justice or other Off
Ger authorized by law to administer oaths, to
impartially appraise7 and set by smetes and
bounds, homestead, Not TO Sexeeed. IN value
one thousand dollars; and said appraisers'shaH
make keturn of their action IN the premises
under their hands and seals, to the Shenf or
other officer, within ten days after the assign
=, o. Ja. FL
giving The metes and bounds as web as the
yalne of the homestead so set off, for, which
pnrpose thew shall be authorized to call in the
aid of } SURVEYOR if they, or majority of
them. deem it necessary. And if no complaint
shall be made by either party, within thirty
DAYS after tSsf fetnr6 OF lappfaisefsi has been
fled, the proceedings in the case shall be hnal ::
Provided, That, upon good cause shown, within
thirty days after fling the return OF SAID ap-,
uraisers.j the Court out of which the process
issued NAV order a re-apprasement' and -re.asi
sionment Of the homestead BY other appraisers
APPOINTED BY the Court: And preeided further,
That should the creditor or debtor neglect or
refuse. after tenedays' notice from the officer in
whose hands the process is lodged, to nominate
an appraiser, then the said officer shall appoint
the Sarle..r y. -, Il Il ,
SEC. 2. That, when thirty days. have elapsed
after the filing. the return Of said. appraisers,
setting off homestead to any debtor, accord
ing to, the provisions OF Section l OF this Act,
and no good cause has been shown, or excePe
t;onS iiied faaaainst such return such debtor may
have such return recorded In the office of the
Register of Mgne enveysnee of the County
in Which the same is located; and upon such
return being SO recorded in thirty three days
after the proceedings have become hnal, the
title 70 the homestead so set off and assigned
shall be forever discharged from all debts OF
said debtor, then existing or thereafter con-
sSss 8. 'That whenever ID the assignment Of
a homestead, as provided in Section l OF this
Ackytbe appraisers shall find that the premises,
including the dwelling house and out-houaes,
exceed the value of one thousand dollars, and
that the,same cannot be divided dwlthont3Yury
to the remainder, they shalt make and sign,
Under oath, an appraisal thereof, and delIver
the SAME TO the Sheriff, who shall deliver
COPY thereof to the head of the family ciaIm
Inc the homestead, or TO some member OF the
family ofsuitable age to understand the nature
thereof, with o notice attached, that unless the
person SO claiming the homestead shall payito
ss;dlSherffl the surplus Of the appraised value
over and above one thousand dollars, within
sixfy DAYS thereafter, such premises vii be
sold. and or, failure to pay such surplus In the
@ t;ms limited. the Sheriff shall advertise and
sell the said premises, and, ont OF the proceeds
Of such sale, ,Tshall pay7iato the Office of the
tbe Clerk Of the Circuit Court sone thousand
dollars. hshall lie applied, undes the otde:
ofthe Circuit Judge npon the pplicafion OF
the head of this family, Id the purchase OF
homestead of that tgvalhe. The residue IN the
hands OF itheSherif, if any. after paying all
expenses incidept to the apprgisement and saae
ofthe property, ehaII be applied by him inn 10 o any
executions i'd his hands ascordit.g E. t2 law
Proe;dea, That no sale shall be made unless %
greater sum, than one thousand dollars shal be
S;d therefor: Provided, further, That if, after
notice the party claiming tie homestead pays,
or causes to be paid, the surplus over one thou-
sand dollars, he shall, upon recording the return
and receipt theSheTiR for snchlsltrplus, en-,
dorsed on said return, as provided IN Ssctlon =
Of this Act, hold the property so appraised ana
SET of. freed and discharged from al, debts ana
demands then existing against .sucn parties /;
bnt as to such surplus not from debts thereafter
cnntTrasaeted. like proceedings to the foregoing
he;np IN such case allowable for the recovery
ofsall aftercontracted debts. = t.A: :" -
iSEcs4. If the husband be- dead, the widow
and children; if the father and mother r. De deaa,
the cEildren living on the homestead, wnetper 1;
anya,r all such children be minors or not, shall
be entitled to have the homestead exempted
in ike manner as if the husband or parents
we're liyings snd the shoresteadi SO exempted
shall be subject to partition among an the chill
dfen Of the. head of the family in like manner
ag debts existed, Pfovided, That no par;
tition or sale in that case shall be made until
the Youngest child becomes Of age, unless, up
Oh proof satisfactory, to the Court hearing the
case, such sale is deemed best for the interest
OF such minor or minors, ~ a,.a9G y =
sSEGs 5..No waiyer,of the right Of homestead,
however ,solemnly executed, shall ibe binding
upon the head of the family, or, in case OF his
or her death, his or her heirs, so'as to defeae
the homestead herein provided for a ,l...i,u .
Sec. 6. The personal property OF the head OF I
any family, residing this STATE c9nsls.lag Jl
and of tie property subject to exemption under