Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1873-04-24

| tudt tue poaio VI Juiy :,
shall prepare a Jury list IN each
county, in the month Of January Of
each year, be so amended as to make
it lawful for the said board to pre-,
pare the jury list for the counties Of
Lexington, spartanbtrg and Edge
field, during the year 1873, before
the lOtn of March of said year. (;
Approved February 26, A. D. 1878
| AN ACT to Revise and Amend an
| Act Entitled An 44ot to Reduce
all Acts and Parts Of Acts to De-
termine an Psrpstuate the Home
| stead into one Act and to Am,eno
| the Same"
Be it enacted by tile Senate and
House of Representatives Of the
State of South Carolina, now met
and sitting in General Assembly, and
by the authority Of the same:
SECTION l. The family homestead
Of the head of each family residing
in this State, such homestead consist
ing of dwelling house. outbuilding!
and lands appurtenant. not to exceed
the value Of one thousand dollars
and yearly product thereof, shall be
exempt from attachment, levy or sale
on any mesne OF final process issued
from any court upon any judgment
obtained upon any right Of action
whether arising previous or subse.
quent to the ratification of the con.
stitution of the State of South Car
olina and it shall be the duty Q.
the sheriff, or ether officer, before ex.
ecuting any process against the rea.
estate Of any head of a family resi-
| dent il this State. to cause home.
stead, as above stated, to be set of
to said person in the manner follow
ing to wit: He shall cause three ap'
praisers to be appointed, one to b
named by the creditor, one by the
debtor, and one by himself, who shal
be discreet and disinterested men
and in nowise related to either party
resident in the county, and who shal
be sworn by = trial justice, or othel
officer authorized by Law to admins
ter oaths, to impartially appraise anc
set of, by metes and bounds, a home
stead, not to exceed in value one
thousand dollars; and said appraiser
shall make return of their action il
the premises, under their hands ant
seals, to the sheriff or or other officer
within ten days after the assignmen
and set-of is made forrecord in court
giving the metes and bounds, as wei
as the value Of the homestead so SCI
of, for which purpose they shall b.
authorized to call IN the aid OF sur
veyor, if they. or a majority OF them
deem it necessary. And if no com
plant shall be made by either party
within thirty days after the return
of the appraisers has been filed, thu
proceedings in the case shall be final
Provided, That, upon good cause
shown, within thirty days after filing
the return of said appraisers, tht
court out of which the process issued
may order a reappraisement and re
assignment Of the homestead by 9th
er appraisers appainted by the court
And provided; further, That ,shoulc
the creditor or debtor neglect or re
fuse after ten days notice from tht
officer in whose hands the process ii
lodged, to nominate an appraiser
then the said officer shall appoint tht
same.
SEC. Q. That when thirty day.
shall have elapsed after the filing the
return of said appraisers, setting of
"a homestead to any debtor, according
to the provisions of section ! of this
act, aud 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 ip which the same is loca-
| ted; and, upon snch return being SC
recorded in thirty-three days after
the proceedings have become final
the title to the homestead SO set of
and assigned shall be forever dis
charged from all debts OF said deb;or
then existing or thereafter contracted
Sec. 8. That whenever in the as.
signment of homestead, as provid-
led in section l of this act, the ap-
praisers shall find that the premises,
including the dwelling house and out
houses, exceed the value of one thou
sand dollars, and that the same can
not be divided without injury to the
remainder, they shall make and sign.
under oath, an appraisal thereof, and
deliver the same TO the sheriff, who
shall deliver a copy thereof to the
head of hefamily claiming the home
stead, or to some membe.r Of the fam
lily of suitable age to understss.,.nd the
nature thereof, with notice attacheG.
that, unless the person SO claiming
the homestead shall pay to said sher-
if the surplus of the appraised value
over and above one thousand dollars
within sixty days thereafter, such
premises will be sold; and, on failure
Ito pay suca surplus in the time limit
| ed, the sheriff shall advertise and
sell the said premises,.and out of the
proceeds of such sale shall pay into
the Office of the cle.k of the Circuit
Court one thousand dollars, which
shall be applied, under the order of
the circuit judge, upon the applica-
tion of the head of the family, in the
purchase of a homestead Of that val
ue. The residue in the hands Of the
sheriff, if any, after paying all ex-
penses incident to the appraisement
and sale of the property, shall be ap-
piled by him to any executions IN his
bonIo aooorl;nr 10 leu. bro,,;Joj1