The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-08-16

DETERMINE AND PERPErUATE THE
HOMESTEAD INTO ONE Act, AND TO
AMEND THE SAME"
SECuoN 1. Be Il enacted BE- the
Senate and House Of Representatives of
the State OF South Carolina, now met
aud sitting iu General Assembly, an d
by the authority of the same, That
the family homestead of the head of
each family residing IN this State, such
homestead consisting of dwelling house,
outbuildings and lands appurteuans, not
to exceed the value of one thousand
dollars, aud yearly product thereof,
shall DC exempt from attachment, levy
or sale, on any mesne. or final process
issued from any Court upon any judy
mont obtain cd upon any right of action,
whether arising previous or subsequent
to the ratification of the Constitution 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 family resident in this
State, to cause q 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,
o"e To be named BY the creditor, one by
the debtor, aud one by himself, who
shall be discreet Gnd disiuterested incl
aud ia Ro wise related to either party,
res'dent in che County, and who shall
be sworn by = Trial Justice or 9th r
officer authorized by law To administer
oa'hs, to impartially appraise and Sci of,
by metcs aud bounds, homestead, nut
to exceed iu value one thousand dollars;
and said appraisers shall NUKE return of
their notion in the. promises, under their
hauds aud seals, to the Sheriff or other
officer, within ten days after tho assign
ment nad set off is made, for record iu
Court, giving the metes buuuds, as well
as the value of the Homestead 80 set oa,
f"r which purpose they shall be auth
lied to call in the aid of surveyor. if
they, or majority Of them, DE, IN IL
necessary. And if no complaint shall
be made by either party, within thirt,
Gays after the return of the appraisers
has been filed, the proceedings in tn.
case shall b; final: lrootdcd, That up
on good cause shown, within thirty days
after filing the return of said appraisers,
the court out of which the process issued
may order re-"ppraiscmeut aud re-
assignment of the homestead by other
appraisers appointed by the court And
procifcd. further, That should tho crcdi
tor or debtor neglect or refuse, after ten
days notice. from tho officer in those
hands the process is lodged, to nominate
an appraiser, then the said officer sha II
appoint the same.
SEC 2. That when thirty days shall
have elapsed after the fiIirg the return
OF said appraisers, setting off home
stead to any debtor, according to the
provisions of Section of this Act, and
no good cause has been shown, or ex
ccptions filed against such return, such
debtor may have such return recorded
IN the offic of the Register of Mesnc
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
assigned, shall be forever discharged
from all debts of said debtor then exist.
ing or thereafter contracted.
SEC. 3. That whenever, in the ASSIGN.
ment of homestead, as provided in
Section OF this Act, the appraisc RS
shall find 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 aud sign, under oath, IN
appraisa! thereof, and deliver tho same
to the Sheriff, who shall deliver copy
thereof TO the head of the family claim.
ing the homestead, or to some me nber
OF the family of suitable age to under.
stand the nature thereof, with notice
attached, that unless the person so claim.
ing the homestead sh=l! pay 70 said
sheriff the surplus Of the appraised
value over and above one thousand dol.
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