The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1873-04-23

| 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 loca>
lated and, upon such return being
so recorded iu thirty three days
.fter tho proceedings have become
final, the title to the homestead SO
sot off and assigned shall DO forever
discharged from all dobts Of .aid
debtor then existing or thereafter
contracted.
Section 3. That whenever in the
assignment of homestead, as provi
ded in section Of ,hi, act, the up.
praisers shall find the premises, in
c!uding tho dwelling house and out
houses, exceed the value Of one thous-
and dollars, and that the same caunot
be divided without injury to the re.
maindcr, they shall make and
sign under oath, an uppraisc-
m.nt thoreof. and deliver the same
to tho sheriff, who shall deliver
copy thereof to the head Of the
family c'a' ming the homestead, or to
some n,rmHor ot tue family of suita-
bio ugs tu understand the nature
thereof, with notice attached that
unl So the person 80 claiming the
Homestead shall p,y to said sheriff the
surplus vf the appraised value over
and above one thousand dollars
within sixty days thereafter such
premises will be sold und, en- fail
ure to pay such surplus in the time
limited, the sheriff shal! a'!ve. tise aud
sell the said premises, and out Of the
proceeds Of such sale shall pay into
the oiflce Of the clerk Of the Circuit
Court one thousand dollars, which
shall be applied, under the order Of
the circuit judge, upon the arplica.
ton OF the head Of the family, in the
! purchase of u homestead of that value.
The residue in the hands of tho
sheriff, if any, after'payiug all ex-
penses incident to the appraisemeut
and sulo of the property, shall be ap-
piled by him to any executions iu
his hands, according to law: Provi.
ded, That no slle shall be made un.
less greater sum than one thousand
doll.rs shall be bid therefor Pro-
vided, further, That if after notice,
the party claiming the homestead
pays, or causos to be paid, the sur
! plus over one thousand dollars, he
shall, upon recording the return and
receipt Of the sheriff for such surplus,
endorsed on said return, as provided
in section 2 of this act, hold the pro-
rcrty so appraised aud set of, feed
and discharged from all debts and
demands then existing against such
party but, as to such surplus, not
from debts thereafter contracted,
like proceedings to the foregoing
being in such case allowable for the
recovery of all after contracted debts.
Section 4. If tho husband be dead :,
the. }. widow and children; if the faith
or and mother be dead, tho children
livi, & on the homestead, whether any
or all such children be minors or not,
shall he entitled to have tho family
homestead exempted in like manner
as if the husband or parents were liv-
ing and tho homestead so exempt
ed shall be snb]: to partition III ong
all the children Of the head of the
family in like manner as if no debts
existed Provided, That no partition
or sale in that case shall be made un.
til the youngest child becomes Of age
unless, upon proof satisfactory to the
court hearing the ,,ca>e, such sale is
deemed best for the interest of sucl,
minor or minors.
Section 5 No waiver Of the righ,
Of '.onIestc "a, however solcmuly execu
led, shall be binding upon the head OF
the family, or, in case Of his or her
death, bis or her heirs, so as to
defeat the homestead herein provided
for.
Section 6 The personal property
Of the head OF any family, residing ia
this State, consisting Of the yearly
products of his or her HON cstead, and
Of the property subject to exemption
nader he constitution, shall be OK.
cnp' from attachment, levy or sale
/''"i|ed, That in case the right Of ch
exemption be dispu:rd by the crcdi..
to!s, the officer in whose hands the
process is lodged shall Cause the sa me
to be asce't"lncd aud appraised, and
all exempted property SO ascertained
and appraised appraisers appointed
and sworn for that purpose, as provi
ded for in sectiou ! of this act, shall
vest absolutely in the party, freed
from all debts vf the debtor then ex.
listing, or thereafter contracted
whether such debtor retain or sell the
property ProD'aed, further, That 8
debtor being the head Of family, a:
herein before stated, and not being
the owner of any homestead, shall o,
entitled TO a like exemption of person
al property, as herein allowed to the
owner Of homestead, to be a. Ger
tanned in the same manner.
Section Z. That the exemption
contained in the preceding sections o