The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-03-19
THE HOMESTEAD Law.

THE HOMESTEAD Law. y
AN ACT to. Revise and Amend al
/ ACT entitled, "An Act to- Rettuce al
Acts and Parts of Acts TO Detern1ln
and Perpetuate The Homestead J, ,zat
one Act and to '4nsend the Same.
Be it enacted by the Senate ant
House Of Representatives OF 'th'
State of South Carolina, now me
and, sitting in General Assembly
and by the authority of the same
SECTION L.: The family homestea
of the head of each family residing
in this State, such homestead con
sisting of dwelling house, outbuild
ings and lands appurtenant, knot tt
exceed the value Of one thousane
dollars, and yearly produce thereof
shall be exempt from attachment
levy and sale, on any mesne or lima
process issued from any Court upor
my Judgment obtained upon any
right Of action, whether arising
previous or subsequent to the rati
fcation of the Constitution of the
State of South Carolina;. and i
shall be the duty of the Sheriff, OF
other officer, before executing any
process against the real estate O
any head of q family resident ir
this State, to cause aihomestead, as
above stated, to be set off to said
person in the manner following;tc
wit: He shall cause three apprais,
ers to be appointed; one to be named
by the creditor, one by the debtor,
and one by himself, who shall be
discreet and disinterested men, and
in no wise related. to either party,
resident in the County, and who
shall be sworn!by a Trial Justice or
other officer authorized by law to
administer oaths, to impartially ap-
praise and. set off, by metes and
bounds, a homestead, not to exceed
in value one thousand dollars; and
said appraisers shall make return OF
their actionin the premises, under
their hands and seals, to the Sheriff
or. other officer, within; ten days
after the assignment or set off is
made, for, record in Court, giving
The metes and bounds as well as
the value of, the homestead so set
off, for which purpose they shall be
authorized to, call in the aid of a
surveyor, if they, or q majority of
them, deem it necessary, And if
no complaint shall be made by
sither party within thirty days after
the return of the appraisers has
been filed, the; proceedings in the
case shall be final: Prouided, That,
apou good cause shown, within
thirty days after fling the return of
said appraisers, the Court out. OF
which the process issued may order
. re-appraisement and re-assign-
ment of the homestead by other
appointed by the Court !;
dnd prouidcd, further, That should
the creditor or debtor neglect or
refuse, after ten days. notice from
the officer into whose hands the
process is lodged, to nominate an
appraiser, then the said officer shall
appoint the same. j.
SEC. 2. That when thirty days
have" elapsed after the filing the
return of said appraisers, setting
of ahomestead to any debtor, &C:
cording to the provisions of Section
of this Act, and no. good cause
has been shown, or exceptions filed
against such return, such debtor
may have such return recorded in
the Office of the Register of Mesne
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 final, the title to the
homestead so set off and assigned
shall be forever discharged from all
debts of said debtor then existing
or thereafter contracted. >.
Sec. 8. That whenever in the as
of a homestead, as pro-
vided in Section l of this Act, the
appraisers shall find that the prem
ises, including the dwelhng-h1oe'uses q
exceed the value of one thousand
dollars, al d that the same cannot
be divided without injury to the
remainder. they shall make and
sign,, under. oath, au appraisal
and deliver the same to the
who. shall deliver Q copy
to the head of the family
claiming the homestead, or to some y,
member of the family OF suitable
age q { to understand the nature there.
Of, with q notice attached, that
unless the person SO claiming the e
= ~ os+o.d shall nav to said Sheriff
the surplus of the appraised vaiue
over and above one thousand dol'
lars, within sixty days Thereafter, sSr,
such premises will be sold, ana on
failure to pay such surplus, IN the J,
time limited, the Sheriff shall ad'
yertise and sell the said premises
and, ont of the proceeds OF : such x
sale, shall pay into the office OF the
Clerk of the. Circuit Court one
thousand dollars, which shall be