Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-04-03
THE HOMESTEAD LAW

THE HOMESTEAD LAW.
AN ACT
To revise and amend an Act entitled "An Act to
reduce all Acts and parts of Acts to determine
and perpetuate the Homestead into one Act and
to amend the same.'
Be it enacted by the Senate and House Of
Representatives of the State of South Caroli-
ma, now met and sitting in General Assembly,
and by the authority of the same:
Section. /. The family homestead of the
head of each family residing in this State,
such homestead consisting Of dwelling house,
outbuildings and lands appurtenant, not to ex-
ceed the value of one thousand dollars, and
yearly product thereof, shall be exempt from
attachment, levy or sale, on any mesne or t.
nal process issued from any court upon any
judgment obtained upon any right of action,
whether arising previous or subsequent to the
ratification of the constitution of the State OF
South Carolina; and it shall be the duty of
the sheriff, or other officer, before executing
any process against the real estate of any
head of a family resident in this State, to
cause homestead, as above stated, to be set
off to said person in the manner following, to
wit He shall cause three appraisers to be
appointed, one to be named by the creditor,
one by the debtor, and one by himself, who
shall be discreet and disinterested men, and
in nowise related to either party, resident in
the county, and who shall be sworn by trial
Justice, or other officer authorized by law to
administer oaths, to impartially apprase and
set of, by metes and bounds, homestead, not
to exceed in value one thousand dollars; and
said appraisers shall make return of their &C
tion in the premises under their hands and
seals, to the sheriff or other officer, within ten
days after the assignment and set'of is made
forrecord in court, giving the metes and bounds,
as we'll as the value of the homestead so set off,
for which purpose they shall be authorized to
call in the aid of a surveyor, if they, or a ma
iority of them, deem it necessary. And if no
complaint shall be made by either party,
within thirty days after the return of the ap-
praisers has been filed, the proceedings in the
case shall be final: Provided, That, upon
good cause shown, within thirty days after
filing the return of said appraisers, the court
out of which the process is issued may order
a reappraisement and reassignment of the
homestead by other appraisers appointed by
the court: And provided, further, That should
the creditor or debtor neglect or refuse, after
ten days notice from the officer in whose
hands.the process is lodged, to nominate an
appraiser, then the said officer shall appoint
the same.
Sec. 2. That when thirty days shall have
elapsed after the filing the return Of said ap-
praisers, setting off homestead to any debtor,
according to the provisions of section of
this act, and no good cause has been shown,
or exceptions filed against such returns, such
debtor may have such return recorded in the
office of the register of mesne conveyance 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
final, the title to the homestead so set off and
assig gned shall be forever discharged from all
debts of said debtor then existing or thereafter
contracted.
Sec. 3. That whenever in the assignment of
a homestead, as provided in section 1 of this
act the appraisers shall find that the premi-
ses, including the dwelling house and out
houses, exceed the value of one thousand dol
lars, and that the same cannot be divided
without injury to the remainder, they shall
make and sign, under oath, an appraisal there
Of and deliver the same to the sheriff, who
shall deliver a copy thereof to the head of the
family claiming the homestead, or to some
member of the family of suitable age to under
stand the nature thereof, with notice at
tached that, unless the person so claiming
the homestead shall pay to said sheriff the
surplus of the appraised value over and above
one thousand dollars within sixty days there
after, such premises will be sold and, on
failure to pay such.surpus in the time limi-
ted, the sheriff shall advertise and sell the
said premises, and out of the proceeds of such
sale shall pay into the office of the clerk ofthe
Circuit Court one thousand dollars, which
shall be applied, under the order of the circuit
Judge, upon the application of the head Of the
family, in the purchase of a homestead of
that value. The residue in the hands of the
sheriff, if any, after paying all expenses Incl
dent to the appraisement and sale of the prop
erty, shall be applied by him to any execu-
tions in his hands, according to law: Provided,
That no sale shall be made unless greater
sum than one thousand dollars shall be bid
therefor: Provided further, That if, after no.
tice, the party claiming the homestead pays,
or causes to be paid, the surplus over one
thousand dollars, he shall, upon recording the
return and receipt of the sheriff for such sur
plus, endorsed on said return, as provided in
section 2 of this act, hold the property so ap-
praised and set off freed and discharged from
all debts and demands then existing against
such party but, as to such surplus, not from
debts thereafter contracted, like proceedings
to the foregoing being in such case allowable
for the recovery of all after contracted debts
Sec. 4. If the husband be dead, the widow
and children if the father and mother be
dead, the children living on the homestead
whether any or all such children be minors or
not, shall be entitled to have the family home
stead exempted in like manner as if the hus-
band or parents were living; and the home
stead so exempted shall be subject to partition
among all the children of the head of the
family in like manner as if no debts existed {:
Prorided, That no partition or sale in that
case shall be made until the youngest child
becomes of age, unless, upon proof satlstacto'
ry to the court hearing the case, such sale IS
deemed best for the interest of such minor or
minors
Sec. 5. No waiver of the right of home
stead, however solemnly executed, shall be
binding upon the head of the family, or, in
case of his or her DEATH his or her heirs, so as
to defeat the homestead herein provided for.
Sec. 6. The personal property of the head
of any family, residing in this State, consist
ing Of the yearly products of his or her home