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

HOMESTEAD INFO ONE Aor, And TO
AMEND THE SANE"
SEouoN 1. BE q euacted By the
Senate aud House Of Representatives of
the State of South Carolina, now met
aud sitting in General Assembly, an d
by the authority of the same, That
the family homestead Of the head of
each family residing In this S tate, such
homestead consisting of dwelling house,
outbuildinss and lands appurteuans, not
to exceed the value of one thousand
dollars, and yearly product thereof,
shall be exempt from attachment, levy
or sale, on any mesne. or final process
issued from any Court upon any judg
ment obtaiuod upon any right of action,
whether arising previous or subsequent
to the ratification of the Constitution OF
the Constitution Of the State of South
Carolina aud it shall be the duty of the
Sheriff, or other officer, before executing
any process against the real estate of
any head of family resident in this
State, to cause homestead, as above
stated, TO be set off to said porson in the
manner following, TO wit: He shall
cause three appraisers TO be appointed,
one to be named BY the creditor, one by
the debtor, aud one By himself, who
shall be discreet aud dis;ateresteti men.
aud in no wise related 10 either party.
resident in tile t'ouaty, and who shall
be sworn 10y Trial Justice or 9th r
officer as;horized by law to administer
on'as, TO i,npartially appraise and SCI of,
by nietcs and bounds, homestead, nul
30 exceed ip value Que thaasaad dollars;
aud said appraisers shall make return OF
their action in ihe, premises, 1nderrheir
hands and seals. to the Sheriff or other
officer, Within ten days after tho assign
'nent and set off is made. for record iu
Court, giving ths mctes buuuds, as well
as che value Of the homestead 50 set Of,
for which purpose they shall be aulh hur
lied to call in the aid OF n surveyor, if
they, or a majority Of them, deem II
necessary Aad if no complaint shall
be mads by either party, within thirty
days after the return Of the appraisers
has been filed, the proceedings in the
case shall b. final: frooided, That up
on good cause shown, within thirty days
after filing the return Ofsaid appraisers,
the court out Of which the process issued
may order a re-"ppraiscmeut aud re-
assignment Of the homestead by other
appraisers appointed by the court And
procieied further, That should the credi.
tor or debtor neglect or refuse, after ten
days notice. from tho officer in whose
hands the process is lodged, to nomi,a.e
an appraiser, then the said officer shall
appoint the same.
SEQ z. That when thirty days shall
have elapsed after the fiIirg the return
of said appraisers, setting off home
stead to any debtor. according to the
provisions OF Section Of this Act. and
no good cause has been shown, or cx
ceptions filed against such return, such
debtor may have such return recorded
ip the ofic of the Register of Mesnc
conveyance of the county in which the
same Is located and upon such return
being so recorded in thirty three days
after the proceedings have become fnal
the title to the homestead so set off aud
assigned, shall be forever discharged
from all debts of said debtor then exist.
lpg or thereafter contracted
SEC. 3. That whenever, in the assign
ment of homestead, as provided in
Section Of this Act, the appraisers
shall find that the premises, including
the dwelling house and out houses,
exceed the value 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, end deliver tho same
to the Sheriff, who shall deliver copy
thereof TO the head of the family claim.
ing the homestead, or to some me nber
ct the family Of suitable. age to under.
stand the nature thereof, with notice
attached, that uuless the person 80 claim.
ms che homestead shall pay to said
sheriff the Surplus of the appraised
yaiuo over and above one thousand dol.
lars, within sixty days thereafter, such