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


p.,ls.ot 8 N. Il III. e7Ie .hsu b
msdenntitt ths' youngest child becomes
q ,ege, qnlesae upon proof satisfactory
- ahe court hsSring the case, such sale is
deemed best Tor the interest of such
minor or 4minof1. -te,s3;
S4o. 81 No waiver. of the right of
ho!HHestesd, e haNsysr solsanly executed,
ss sasHl Pc binding Upon the head OF the
|aanpy4 q. .i4 oase 0sphfs >or her death,
stead farein! provided i5r,
3 SEQ. 20, The personal property Of the
head Of ts any family, residing in this
State; Consisting Of tho yearly products
OF his or her homestead. and of the pro.
pefty subject to exemption under the
Constitution, shall be exempt from at
!aohment, 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 ascersained and ap.
praised, and all exempted property go
asoertained and appraised, by appraisers
appointed and sworn for that purpose, as
provided for in Section l OF this Act,
shall vest absolutely in the party, freed
from all debts OF the debtor then exist
ing or thereafter contracted, whether
s1oh debtor retain or sell the property:
fTooiaed, further, That q debtor being
the head OF . family, as hereinbefore
stated, and not being the owner of any
homestead, shall be entitled to like ex-
emphon. OF personal property, as herein
ailo we'd the owner OF q ahomestead. to
be aseeftainsd in the same manner.
+; Scot Pint the exem ptions contained
III the preceding sections of: this Act
shall not extend to an attachment. levy
or saie on any mesne or final process is
sued to secure or enforce the payment of
taxes OF Obligations oontracted for the
purchase of said homestead, or obIiaa-
tlons contracted for. the erection OF i'm
provements Ihereon: Provided. The
court or fauthority issuing such process
shall certify thereon that the same is is
sued Tor some one or more, and no other,
OF said purposes: Procided, further, The
yearly product OF said homestead shall
De subject to attachment. levy and sale
to secure and enforce the payment OF
obligations contracted in the production
OF tho same, but the court issuing the
process therefor shall certify thereon
that tue same is issued for eaid purpose,
and no other.
SEC 8. Whenever the head Of any
family, widow or children shall DO enti-.
tied to an estate or right of homestead,
rs hereinbslore provided. and Emo process
has been lodged with any officer against
sucli homestead, the party or parties en-,
titled to such homestead may apply at
any thine, by petition to the Judge of
tho Probate Court, to have the samH sp-
praised aud set of. The Judge of Pro-
bate shall, thereupon. after giving pub
n hu Il rts so; 81,
such. party or parties to have his or their
homesteads aet off for; thirty davs in a
paper published in the County where
the land lies, and in case no paper is
published in the County, then by ,post-
ing tho notios On the door of his Office,
and in three other public places, for q
IKE length OF time, appoint three disin-
terested pelsons, resident in the County,
who. having been duly sworn, shsli pro-
oeed to appraise and set of. by metes
and bounds, such homestead, and make
return to him. If no complaint shall be
made by any creditor, or other person
interested, against said appraisal and
netting off OF the homestead, within thir-
~ days after the return OF the appraiser 8,
the sumo shall be confirmed by the
Judge and ordered accordingly: Pro.
rided, That no appraise,nent 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 ono third of the yearly
products OF every person, not being the
head OF q family, OF every avocaiion,
without regard to valuation, character or
condition Of products or earnings, shall
be exempted from attachment, lovy 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.
thte, 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 misde-
meanor, and, on conviction thereof,
shall. for the first offence, be fined in
sum not less than five hundred dollars,
$500. nor more than one thousand dol.
lars, Isl ,00O,) and upon conviction for