The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-08-16

that value. The residue in the hands
of the Sheriff, If any, after paying all
expeuses incident to the appraissmeus
and sale of the property, shall be appli-
ed by him to any executions in his
hands, according to law: Provided,
That no sale shall be made unless a
greater sum than one thousand dollars
shall be bid therefor: Proeideti, further,
That if, after notice, the party claim ing
the homestead pays, or causes to be paid,
the surplus over one thousand dollars,
he shall, upon recording the return aud
receipt of the Sheriff for such surplus
endorsed on said return, rs provided in
Sec ion of this Act, hold the property
so appraised and set off, freed and dis
charged from all debts and demands then
existing ,inst such parties; but rs to
such surplus not from debts thereafter
contracted, like proceedings to tho
foregoing being in such case allowable
for the recovery Of all after contracted
debts
SEC. 4. If the husband be dead, the
widow and children, if the father and
mother be dead, the children living on
the homestead, whether any or all such
children he minors or not, shall be en-
titled to have the family homestead
exempted in like manner as if the hus.
band or parents were living and t.,e
homestead so exempted shall BE- subject
to PARTITION among all the children Of
the head Of the family in like manner
rs if no debts existed Provided, That
| no partition or sale in that case shall be
made until the youngest child becomes
of age, unless, upon proof satisfactory to
the court hearing the case, such sale is
deemed best fer the interest of such
minor or minors.
SEC. 8. No waiver Of the right of
homestead, however solemnly executed,
shall be binding upon the head Of the
family, or, in case of his or her death,
his or her heirs, SO as to deieat tho
homcste herein provided for.
SIC, 6. The personal property of the
head Of any family, residing in this
tate, consisting of the yearly products
Of hi or her homestead, and of the pro-
perty subject to exemption undcr tho
constitution, shall be exempt frnm at,
tachmcnt, levy ar sale. i'roci,1ed, That
lin case the right of such exemption be
disputed by the creditor, the officer in
whose hands the process is lodged shall
cause the same to be uscertained and
appra sei, and all exempted property So
asccrtained aud appraised by appraisers
appointed and sworn for that purpose, as
provided in Section of this Act, shall
vest absolutely in the party freed from
all debts of the debtor then existing, or
thereafter contracted, whether such
tebtor retain or sell the property: Pro-
ciaed, furthcr, That debtor, being the
head of a family as hercinbcfore stated,
and not being the owner of any home.
stead, shall be entitled to like exemp
ton Of personal property, as herein
allowed to the owner Of homestead, to
be asccrtained;in the same manner.
SEC. Z. That exemptions contained
in the preceding Sections ofthis Act
shall not extend to an attach hment, levy
or sale on any mcsne or final process
Issued to secure or enforce the payment
Of taxes or obligations contracted for the
purchase IF said homestead, or obiga
tions contracted for the erection of i'm.
provemcnts thereon Prouh7ed, 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 Provided,
FURTHER, The yearly product of said
homestead shall be subject to attach.
ment, levy and sale to secure or enforce
the payment Of obligations contracted in
the production OF the same, but the
Court issuing the process therefor shall
certify thereon that the same is issued
for said purpose, aud no other
SEC. 8. Whenever the head of any
family, widow or children shall be en-.
titled to an estate or right Of homestead
as hereinbefore provided. and no process
has been lodged with any officer against
such hsmes' cad, the party OF parties en-
titled to such homestead may apply at
any time, by petition TO the Judge of
the Probate Court, to have the same
appraised and set of. The Judge of