The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-03-06

obligations contracted for the, erection of inn
proYements thereon: Prcvided, The COURT or
authority issuing said process shall certify
thereon That tie sarde is issued for some one or
more, and no other, of said purposes: Rou'ded
further, The yearly product of said homestead
shall be subject TO attachmentlleyy and sale TO
secure or enforce the payment of obligations
contracted in the production of the same, but
the Court issuing the process therefor shali
certify thereon that the same is.issued for said
purpose, and no. other. 80. -. @, 7.5.;.,js
SEC. s. Whenever the head of any family,
widow or children shall be entitled to an estate
or 1rieht Of homestead as hereinb before provided,
and no process has been lodged with any officer
aaaihst such homestead, the party or parties
entitled to such homestead may apply at any
time, BY petition to the Judge of the Probate
Court, TO have the same appraised and set . on.
The Judge of Probate shall, thereuPon, after ate
giving public notice by advertising the lnten
ton of sdch party OF parties TO- nave ms OF
their HOMESTEAD set off for thirty days IN pa!
par publishedin the County where the land lies, M
and ;n iclse no paper is published IN the Coun
tyyl then. by posting the notice on the door OF
his office, and in. three other PUBLIC places, Tor
aIikele6gth a Of time, appoint three disInter- 1l
ested persons, resident IN the County, VINO,
having been duly sworn, shall proceed to ap-
praise and set of, by metes and bounds, such
homestead, and make return to him.: II no
complaint shall be. made by any creditor, or
otber person interested, against said appraisal
and. setting off of the homestead, within thirty
DAYS after the return of, The appraisers, the
same shalllbe confirmed BY the Judge and or
dered accordingly Provided, That appraise-
ment shall Be made of return fled until the
notice has expired. Personal property, to the
extent and kind hereinbefore stated, may be
exempted and set off in like manner ''' '''''
SEC. 9. That one third Of the yearly products
of etery person, not being the head of faIni-
Nv. of every avocation, without regard to valu-
alton. character or condition Of products or
earnings, shall be exempted from attachment,
loyy and sale, iexcept'to enforce the payment
Of taxes 'Hif ''''''" - =. - :
SEC. 10. That no Sheriff, Constable, or other
Officer, whose duty it Is to, enforce executions,
shall proceed in any other manner than is. pre-
scribed in this Act; and should any officer sell
any real estate, or sell CT remove any personal
property, in violation Of the provisions of this
Act. and of Section SO of Article II of.the
CONSTITUTION of the State of South Carolina,
he shall be guilty of a misdemeanor, and, on
conviction thereof, shall, for the first offence,
be find in a sum not less than five hundred
dollars, ts5OO,1 nor more than one thousand
dollars, Isl ,0O0,) and, upon conviction, for the
second offence, his office. shall be deemed va
cant; and, in either case, he shall be liable, in
damages, to the parties injured, for all injuries,
by reason of his wrongful levy or sale, as77.
| SEC. IL; Appraisers appointed to set Oft the
homestead under this Act shall receive as COM
pensation for such service two dollars each per
day, and Eve cents mile for every mile of ne;
cessary travel. The Sheriff shall receive i've
dollars for all services incidental to setting off
the homestead, but exclusive of all necessary
disbursements The Trial Justice, or other
officer, who,quali6es the appraisers, shall re.
ceive for such service, seventy-hye cents, and
five cents a mile for every mile OF necessary
travel. The foregoing fees Shall be paid by the
officer executing the process, out OF the proper,
ty of the debtor, or, in case Of the homestead
set off ito the widow or minor children, out OF
the estate of the deceased, by the executor or
administrator thereof: Proeided, That the OH
Ger, before setti6g off the homestead and ex-
emption, in any case, shall be entitled to de-
mand and receive from, the plaintiff in! execu-
ticn, in advance q sum OF. money sufhclent %
cover the necessary fees, and costs herein al
lowed. Whenever 9 homestead is set OF, as
provided in Section Of this Act, the Probate
Judge shall receive as compensation tise h dollars
proceedings, but excluding the advertising,
which shah not exceed five dollars, and which
fees.and costs shall be, paid in advance by the
barty claiming the homestead and exemption.
SD 10 Alf Acts and, parts OF, Acts incop-
sistent with Or Supplied BY this Act, be, and
the same are hereby, repealed 7oi 7''he -
H. 1