The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-21
(ornorAl4H1UH
Tho Laws Of South Carolina, >.

sAeee Aud Jelnt RssosatioRs Fsss.SsSs
lh'iSsss Sssea.. eeaer.i Assembly ~ ,hs ssssletRaS
~ AoT TO REvIsB AND AMEND Al ACT M.
tTrrLRD IAN ACT TO ,aKpUox,. An. xtiT9
| =; AND PARTS OF ACTS Tosp1f1 1ainiiAiIS SXHtH
h fKRPETUATR THE HoMns38Ap; 1W on
;Aor AND TO AMEND THn hASfh.s6' y ~ 8 ', g =.
...1Bs tt enacted BY the &ens1t1 dad RoNsx AZ
Representatives Of the &als: OF 8osib Caro-.
Hn4t ?'ow met and sitting in General "a.
ss1s6ty, and by the authority Of Gas sqns: ..
SfCTIoN l. The family, homestead. al
me head OF each family residing IL this
State: such homestead consisting Of
dwelling houses iout-buiidings and lands
appartenant. not to exceed the value of
one thousand dollars, and yearly product
tneseoi, shall be exempt from attach.
mens, levy or sale, on any mesne or final
process Issued from any court upon any
Judgment obtained upon any right OF
action, whether arising p.eyiens O. snb
sequent to the ratification of the Consti.
tuition of tho State of South Caroline: !:
and 1t sliaIl be the duty OF the Sheriff.
or other officer, before executing any
process against tue real estate Of any
head OF family resident in this State,
to cause homestead, as above stated, TO
De set of to said person, lin the manner
following, to wit: -Hs shall cause three
appraisers to be appointed, one TO: be
named by tho creditor, sone By the
debtQr and one by himsaff, who shall be
Discreet and disiptsEested men, ana in
nowise reluted to eithaF party ,sresiden
in the County. and dsxhR slia1t :bsssworp,
Fed by law to essGs, aa 6
|tmpaftially appraiaas 11d ;sset ID. bY,
metes and bounds, ath9mss stgaa, not, to,
exceed in value sio1ar fh6NsaAd, dollars:
and said appraisets sdaH make return of
their action in tho prS;1isesf u nnaaf their.
hands and seals, to tho Sheriff OF; othett
oHcer, within ten days alter the assign.
ment and set off is made for record III
court, giving the mates and boupds, ns
we'll ,as the value Of the homestead so set
OF, fpr .Mhiph purpose they shall be an
thorl4ed TO call in the uid Of surveyor,
II they, oT,a majority of them. deem it
necessary: And if no complaint shall be
made by either party. within thirty days
alter tho return iof "the appraisers has
been Hleu, the proceedings in the case
shall be final: Prouidea. That, upon
good Cause shown, within thirty DAYS
after filiIgtt o;retIFn of said appraisers,
the court bpt ~ Which The pro- ess issu ed
nhy ordsrs a;dre: re:appFaisement and rel
asslgnment Of the homestead by other
appraisers appointed blythe court ;sSAn nd
|pyoSiQed, furthar, That siiould thstoredi-
VI OF debtor neglect or refuse, SafteF ten
aays notioe from the officer in WHOSE
,handa the process'is lodged, TO nominate
an appraiser, then tie Said! officer shall
appoinE EtRd SaRe. g TSJENG'D! q?
SEQ. = .Vhst when thirty. days. shall
have elapsed after the fling the return
OF said appraisers, setting off q home
stead to any debtor; according To uths
ptoyieiolA,of Section i Of this Act. and
no good cause has sbean shown, or ex-
oaptions filed, against such return seoh
debtor may have such return recorded
ia the Office Of the Register OF Mesne
CoaveYance OF the County in which the
same is located and, .npon such return
being 30 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
listing or thereafter contracted.
SEQ. 3. That whenever in the assign
ment OF . homestead. as provided in
Section l OF, this Aot, the appraisers shall
hnd 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 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 claiming the
homestead, or to some member Of the
family OF suitable age to understand the
nature thereof, with notice attached
that. unless the person 80 claiming the
homestead shall pay to said Sheriff the
surplus Of the appraised value over and
above one thousand, dollars within sixty
days thereafter, such premises will be
sold; and, on failure to pay such surplus
in the time limited, the Sheriff shall ad-
vertise and sell the said premises, and
out of the proceeds OF. snch sale shall
pay into the efsce Of the Clerk OF the
Circuit Court ono thousand dollars,
which shall be applied, under the order
OF the Circuit Judge, upon the applioa-
ton Of the head Of the family, in tho
purchase Of 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
property, shall be applied by him to nm q