The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-04-19


Constitution relates 10 tho Homestead.
Its last seAtenee reads as follows at
. shall bs the duty of the General
Assembly, at shsir first session, TO
enforce che provisions of this section by
( saaitsble legislation." "At their first
session." the special session of 1868, the
General Assembly did pass "an act to
= eterminsand perpotuats the homestead
Section 4ef this act relates to the limi-
.sAiisn Of thh homestead estate. The
limitation il, of course of major inpor-
t0aee, shah the details Of appraisoment,
setting of Co., which are provided for
in other sections Of the act. As to tho
linitasioR, the words are m follows:
"The estate, or right of homestead Of
che head Of any family, existing at his
death, shall continue for the benefi. of
his widow and minor children, and be
hsld''and enjoyed by them until the
youngest child is twenty ono years of
sgs,' aud until che marriage or death of
the widow, apd be limited to that
period" Hero We have the homestead
estate limited to . life estate, with
remainder over to the creditors Of the
head of the family. Now was this
Limitation according to the intent of the
Constitution? "The family homestead
20 . ** . s,s shall be erenpt from
attachment, levy or sale cs any mesue
or fnai process issued from any court"
are the words Of tho Constitution.
Was the family homestead this
exempted by the act of 1857 Was
not the homestead actually or virtually
levied upon under the jsagmsnt Of che
creditor, and lien given to said cradi
tor, with enly .As delay of the execution
.untn the majority Of the youngest child
OF the marriage or the death Of the
widoa7 Csrtainly shis was the case.
The judgement creditor already owned
the homestead Of his debtor, held his
estate in expectancy, and frequently
cold this his property in future.
This view Seems to have been taken
BY che General Assembly. Not only
Sat their first session" but at every
ssssion the Legislature has touched up.
on this subject.
In she Act Of March 1a, 1872 i. is
provided, "thas the homestead, when
assigned ss herein prescribed shall vest
in che heads Of the family IN fee simple,
and be freed from all debts and liabili.
tiss whatever so long as he or she shall
reniain resident in this State and no
longer." Here We have strong terms
expressive Of permanent exemption.
But even here there 10 condition, $50
long % hs or she shall remain resident
de-, and no longer" If "hs or she"
lsis,the Ssase what then Why back to
the creditors the estate would revert.
Inssaaa Of the Constitutional exemp-
tiOn, sheaing this amoant Of property
from all Psossas Of law by which the
creditor could ever rsaoh it, the debtor
had oniF Q Ice Conditional
This aas ako has provision by which
shs head Of the family may sell hi.
henestsadi upon sondition that he buys
another hossesfead u, tAss STATE With The
pfesssds Of its sale. This 10 based ussur
ths kindred reason Of the preceding
condition. 1.-THE State has a riyh. to
protest hsrsslf from paupsrism." .Salus
popaE saprsma ler.
Bat the very penalty for act purchas.
ing anchor homestead in this State
WITH the proceeds Of the sale of tho
first, (Which are TO be deposited with
the shsriff,) shows that the creditors
right 10 allo~sd and that "prossss issued