Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-04-03

That, in case the right OF such exemption be
disputed by the creditors, the officer in whose
hands the process is lodged shall cause the
same to be ascertained and appraised, and all
exempted property so ascertained and ap-
praised, by appraisers appointed and sworn
for that purpose, as provided tor IN section
of this act, shall vest absolutely in the party,
freed from all debts of the debtor then exist
ing, or thereafter contracted, whether such
debtor retain or sell the property: Provadsd,
further, That debtor being the head of
family, as hereinbefore stated, and not being
the owner of any homestead, shall be entitled
to like exemption of personal property, as
herein allowed to the owner Of homestead,
to be ascertained in the same manner.
Sec. Z. That the exemptions contained in
the preceding sections of this act shall not ex-
tend to an attachment, levy or sale on any
mesne or final process issued to secure or en-
force the payment of taxes or obligations con-
tracted for the purchase of said homestead, or
obligations contracted for the erection of i'm.
provements thereon Provided, The court or
authority issuing said process shall certify
thereon that the same is issued for some one
or more, and no other, of said purposes Pro-
vided, further, The yearly product of said
homestead shall be subject to attachment,
levy and sale, to secure and enforce the pay
ment of obligations contracted in the produc.
tion of the same but the court issuing the
process therefor shall certify thereon that the
same is issued for said purpose, and Ut. other.
Sec. 8. Whenever the head of any family,
widow or children shall be entitled to an es-
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provided, and no process has been lodged with
any officer against such homestead, the party
or parties entitled to such homestead may ap.
ply at any time, by petition to the judge of
the probate court, to have the same appraised
and set off, The judge of probate shall there
upon, after giving public notice by adVertls-
ing the intention of such party or parties to
have his or their homesteads set off for thirty
days in paper published in the county where
the land lies, and in case no paper is published
in the county, then by posting the notice on
the door of his office, and in three other pub
lie places, for like length of time, appoint
three dsinterested persons, resident IN the
county, who, having been duly sworn, shall
proceed to appraise and set of, by metes and
bounds, such homestead and make return to
him. If no complaint shall be made by any
creditor, or other person interested, against
said appraisal and setting off of the homestead,
within thirty days after the return of the ap-
praisers, the same shall be confirmed by the
Judge and ordered accordingly: Provided,
That no appraisement shall be made or return
filed until the notice has expired. Personal
property to the extent and of the kind here
inbefore stated, may be exempted and set OF
in like manner.
Sec. 9. That one-third of the yearly pro-
ducts of every person, not being the head OF
a. family, of every avocation, without regard
to valuation, character or condition of pro-
ducts or earnings, shall be exempted from at
levy and sale, except to enforce the
payment Of taxes.
Sec. 10. That no sheriff, constable or other
officer, whose duty it is to enforce executions,
shall proceed in any other manner than is
prescribed in this act and should any officer
sell any real estate, or sell or remove any per-
sonal property, in violation of the provisions
of this act, and of section 80 Of article second
of the constitution of the State of South Car
olina, he shall be guilty of misdemeanor,
and, on conviction thereof, shall for the first
offense, be fined in sum not less than five
hundred dollars, (s500,) nor more than one
thousand dollars, 10000 and, upon convic-
ton, for the second offense, his office shall be
deemed vacant and, in either cases, he shall
be liable, in damages, to the parties injured,
for all injuries, by reason Of his wrongful levy
or sale.
Sec. II. Appraisers appointed to set off the
homestead under this act shall receive as COM
pensation for such service two dollars each
per day, and FIVE cents mile for every mile
of necessary travel. The sheriff shall receive
five dollars for all services incidental to SET
ting off the homestead, but exclusive of all
necessary disbursements. The trial justice or
other officer who qualities the appraisers shall
receive for such service seventy-ive 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
property of the debtor, or, in case OF the home
stead set off to the widow or minor children,
out of the estate of the deceased, by the exc
cutor or administrator thereof: Provided,
That the officer, before setting off the home
stead and exemption, in any case, shall be en-
titled to demand and receive from the plaintiff
in execution, in advance, sum of money sui.
6cient to cover the necessary fees and costs
herein allowed. Whenever homestead is
set off, as provided in section 8 of this act, the
probate Judge shall receive as compensation
five dollars for all services, including the re-
cord of the proceedings, but excluding the ad-
vertising, which shall not exceed five dollars,
and which fees and costs shall be paid in ad:
vance by the party claiming the homestead
and exemption.
Sec. 12. All acts and parts of acts inconsist'
ent with or supplied by this act be, and the
same are hereby repealed.
Approved February %, A. D. 1873.
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