The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-21


paras.ot s. u. Il II. ode .6eli IL:
msdenntit ths' youngest child becomes
ot.age, 9nlesas upon proof satisfactory
90 she Cpnkt halrtng the case, such sale is
deemed Abests,fo the interest Of such
minor or MinvtH &
$50 81 AoSiNaiyers Of the right of
haTe9tssd h0NsysE, Ssolemply executed,
|seaaaRs |ssa k aina,ng =. 81 taRon the head Of the
s.esd 6afein! broyidad ior,.
y .SRo. .a. The, petSopal3 property Of tho
head ats & any family, residing in this
State; cohsissing Of the yearly PRODUCTS
Of his or her homestead, and of the pro.
Rerty subject to exemption under the
Constitution, shall be exempt from at.
tachment, levy or sale: Provided, That
IN case the right of such exemption be
disputed by the creditors, the officer in,
whose hands the process is lodged shall
cause the same to be ascertained and ap.
praised, and all exempted property so
asoertalned and appraised, by appraisers
sppointed and sworn for that purpose. as
provided for in Section of this Act.
shall vest absolutely in the party, freed
from all debts Of the debtor then exist
Ing. or thereafter contracted, whether
s0oh debtor retain or sell the property:
Provided. Further, That q debtor being
the head of p family, as hereinbefore
stated, and not being the owner of any
homestead, shall be entitled to like ex-
e@ptlon- OF personal property, as herein
ailo wed tdsthe owner Of q: a:homestead, to
be aseettained in the Same manner.
SEQ PLAT the exemptions contained
III the pteceding sections of: this Act
shali not extend to an attachment. levy
or sale I on any mesne or final process is
sued TO secure or enforce the payment of
taxes or obligations contracted for the
purchase Of: said homestead, or obliga-
tions coutfacted for the erection OF i'm
provsmentsf thereon: Propided. The
court nrt,ofauth0rity issuing suoh PROCESS
shall certify thereon that the same is is
sued for some one or more, and no other.
OF said purposes: Prorided, further, The
yearly product Of said homestead shall
be subject to attachment. levy and sale
to secure and enforce the payment of
obligations contracted in the production
OF the same, but the court issuing the
process therefor shall certify thereon
that tue same is issued for said purpose,
and no other.
SEQ 8. Whenever the head of any
family, widow or children shall DO enti-!
tied to an estate or right of homestead,
as thereinbsforep provided, andtno process
hap been lodged with any officer against
suoh homestead, the party Or parties On.
titled to such homestead may apply Mt
lahy time by -patition to the judge of
tue Probate Court. to have the sRmH sp.
praised and set off. The Judge OF Pro.
bate shall, thereupon, after giving pub
lic notice by advertising the intention of
such party or parties to have his or their
honaesteads'set off for. thirty days in a
|'paper published in the County where
the land lies, and in case 10 paper is
published in the County, then! post.
ing tho notice On the door of his Office,
and III three other public places, for q
like length OF time, appoint three disin-
terestsd pe,sons, resident in the County,
who, having been duly sworn, shall pro.
ceed to spprsise and set off, by metes
and bounds, such homestead. and make
return to him. II no complaint shall be
made by any creditor, or other person
interested. against said appraisal and
setting off of the homestead, within thir-
ty days after the return Of the appraiser 8,
the samo Shall be confirmed by the
Judge aud ordered acoordingly: Pro.
cided. That no, appraiseinent shall be
made or return filed until the notice has
expired. Personal property, to the e1.
tent and of the kind hereinbefore stated,
may be exempted and set off in like
manner.
SEQ. 8. That one third of the yearly
products OF every person, not being the
head Of q family, of every avocation,
without regard to valuation, character or
condition of products or earnings, shall
be exempted from attachment, levy aud
sale, except to enforce the payment of
taxes.
SEC. 10. That no sheriff. constable or
other officer, whose duty it is to enforce
executions, shall proceed in any other
manner than is prescribed in this Act;
and should any officer sell any real es.
tate, or sell or remove any personal pro-
perty, in violation of the provisions of
this Act. and Of Section 80 Of Article II
OF the Constitution of the State of South
Carolina, he shall be guilty of INSIDE
neaGor, and, on conviction thereof,
shall, for the first offence, be fined in
sum not less than five hundred dollars,
(S500,) nor more than one thousand dol.
lars, (Sl ,Oo0,) and upon conviction for
Il L..