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

AkL ACTS AND PARTS OF Acts TO
DETERmrsE AND PERPETuArE THE
HoMEsTEAD isTo ONE Aor, AND TO
AMEND TnRSxME.D ." Al
seusl 9 yss g .ssvgA-l a .seiss.6 4 q.
SEorIoE 1. BE Il eaacted hy the
Senate and House Sf REPRESENTATIVES, of
the State Of South Carolina, nos met,
aud sitting 10 General Assembly, an d
by the authority Of the same, That
the family homestead of the head of
each family residing In this tate, such
homestead consisting of dwelling house,
outbaildinss and lands appurtenans, not
to exceed the value of one thousand
dollars, and yearly product thereof,
shall bc exempt from attachment, levy
or sale, on any mesne-or final process
issued from any Court upon any judg
ment obtained upnn any right of action,
whether arising previous or subsequent
to the ratification Of the Constitution OF
che, Constitution Of the State of South
Carolina and it shall be the duty of the
Sheriff, or other officer. before executing
any process against the real estate of
any head OF a family resiGen: in this
State, TO cause homestead, las above
stated, to be set of to snid pcrson 10 the
manner following, To wit:' He shall
cause three appraisers 10 be appointed,
one TO be named BY the creditor, one by
the debtor, aud enc By himself, who
shall be discreet and disiutefested inen.
aud In slo wise related to either party,
res:deat IN che eouRsy, and who shall
be- sworn by a Trial Justice or 9th e
ofiees authorized bylaw to administer
oaths. iapartially appraiae and Sc, of,
by nletes aud bounds, hoaiesfead, u,,t
10 exceed 10 value enc thousand dollars;
aud eaidappraiseFs sshall make return oi
their action in The prcmises, andsr tl,cir
hands aud seals. to the sheriff or other
tcfHcer, witaiu ten days after tho assigu
trnent and set off Is msde, for record iu
Court, giving the metes Iua.ds, as we'll
as The value Of the homestead So set oii,
For which purpose they shall be author
lied to call in the aid OF surveyor, if
they, or majority Of them, uetm il
necessary And if no complaint shall
be nIade by. either party, within thirt,
days after che return of the appraise.s
has been eled, the proceedings in the
Gaze shall b, final; Proeiolca, That ap
on good cause shewn, within thirty days
after sling the return ofsaid appraisers,
the court out Of which the process issued
may order a re-"ppraiscmeut and re-.
assignment Of the homestead by other
appraisers appointed by the court And
prouiicd further, That should tho credi.
tor or debtor neglect or refuse, after ten
days notice. from the officer ia whose
hands the process is lodged, to nominate
an appraiser, then the said officer shall
appoint the same. -
SEQ q. That when thirty days shall
have elapsed after the fling the return
OF said appraisers, setting of home
stead TO any debtor, according to che
provisions OF Section / Of this Act, aud
no good cause has been shown, or ex
ceptions fled against such return, such
debtor may have such return recorded
ip the ofic of the Register Of Mesne
conveyance of the county in which the
same is located aud upon such return
being so recorded In nthirty three days
after the proceedings have become final,
the title to the homestead so set oft and
assigned, shall be forever discharged
from all debts of said debtor then exist.
ing or thereafter contracted.
SEC. 3. That whenever, In the assign.
ment of homestead, as provided in
sectioa ! Of this Act, the appraisers
shall find that the premises, including
the dwelling house and out houses,
exceed the yalno Of one thousand dollars,
aud that the same cannot be divided
without injury to the remainder, they
shall make and sign, under oath, an
appraisal thereof, and deliver tho Same
to she Sheriff, who shall deliver a copy
thereof 70 the head Of che family claim.
ing the Homestead, or TO some menber
q the family Of suitable age 70 andsr.
staad tho nature thereof, with notice
aitached that unless the person so claim.
|slns ne Homestead shall pay to said
sheriff 'he surplus Of the appraised
yalae over and above one thousand dol.