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

'hc "pPiicatlon of the head OF the tami-
ly, IN the purchase of homestead of
that value. The residue in the hands
Of the Sheriff, If any, after paying ali
expenses incident to the appraissmeut
and sale of tho property, shall be appli-
ed by him to any executions in his
hands, according to law: PROVIDED,
That no sale shall be made unless a
greater sum than one thousand dollars
shall be bid therefor Proyidetl, further,
That if, after notice, the party claim ing
the homestead pays, or causes to be paid,
the surplus over one thousand dollars,
ne shall, upon recording the return aud
receipt Of the Sheriff for such surplus
endorsed on said return, as provided in
Sec ion 2 of this Act, hold the property
so appraised aud set off, freed and dis
charged from all debts and demands then
existing against such parties; but rs to
such surplus not from debts thereafter
contracted, like proceedings to tho
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
Tie homestead, whether any cr all such
children he minors or not, shall be en-.
titled to have the family homestead
exempted in like manner as if the hus.
band or parents were living and the
homestead so exempted shall BE- subject
to PARTITION among all the children of
the head OF the family in like manner
as il no debts existed: PoUided, That
no partition or sule in that case shall be
made until :he youngest child becomes
of age, unless, upon proof satisfactory to
the court hearing the case. such aale is
deemed best for the interest of such
minor or minors.
SEC. D, No waiver of the right of
homestead however solennly. exeeuted,
shall be binding upon the head Of the
family, or, in cuse of his or her death,
his or her heirs, 60 as to defeat the
homestead herein provided for.
SEC 6. The personal property of she
head Of any family, residing in this
tate, consisting of the yearly products
Of hi or her homestead, aud of the pro-
perty subject to exemption uudor tho
constitution, shall be exempt frnm at.
tachment, levy "r.sale l'roeitle,i, That
in case the right cfsuch exemption be
disputed by the creditor, the officer in
whose hands the process is lodged shall
| cause the same to be ascertained and
appra .sed, aud all exempted property su
nsccr.ained aud appraised by appraisers
appointed and sworn for that purpose, as
provided in Section Of this Act, shall
vest absolutely in the party freed from
all debts of the debtor then existing, or
thereafter contracted, whether such
tebtor retain or sell the property: Pro-
nnted, .f'trfher, That debtor, being the
head of a family as hereinbefore stated,
and not being the owner of any home.
stead, shall be entitled to like exemp.
ton OF personal property, as herein
allowed TO the owner Of homestead, TO
be ascertained,in the same manner.
SEC. 2. That exemptions contained
in the preceding Sections ofthis Act
shall not extend to an attachment, levy
or sale on any mcsne or final process
issued to secure or enforce the payment
of taxes or obligations contracted for the
purchase IF said homestead or oblisa.
tions contracted for the erection Of im.
provemcnts thereon: Provided, The
court or authority Issuing said process
shall certify thereon that the same is
issued for some one or more, and no
other, of said purposes: Provided,
further, The yearly product of said
homestead shall bo subject to attach
ment, levy and sale to secure or enforce
the payment Of obligations contracted in
the production Of the same, but the
Court issuing the process therefor shall
certify thereon that the same is issued
for said purpose, and no other.
SEC. 8. Whenever the head Of any
family, widow or ohildreu shall be en-.
titled to an estate or right Of homestead
as hereinbefore provided, aud no process
has been lodged with any officer against
such hsnes: cad, the party or parties en-
titled to such homestead may apply at