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

but the court issuing the process
therefor shall certify thereon that the
same is issued for Said purpose, and nc
other.
Section 8. Whenever the head ct
any family, widow or children shall
be entitled to an estate or right OF
homestead ns hereinbcfore p rovided
aud no process has been lodged with
any officer against such homestead
the party or parties entitled to such
homestead may apply at any time,
by petition to the judge Of the Pro,
bate Court. to have the same appraised
and set off. The Judge Of probate
shall, theroupon, after giving public
notice by advertising tho intention Of
such party or parties to have his or
their homesteads set off for thirty
days in a 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 tnree
other public places, for like length
of time, appoint three disinterested
persons, resident in the county, who,
having been duly sworn, shall proceed
Go appraisc and set off, by metcs and
bounds, such homestead, and make
return to him. If no complaint shall
be made by any creditor, or other
person interested, against said ap.
praisal and setting off of the hom-
stead, within thirty duys after the
return Of the appraisers, the same
shall be confirmed by the judge and
ordered accordingly : PROVIDED, That
no appraiseuIe ut shall be luade or re.
turned filed until the notice has ex.
pired. Personal property, to the cx,
tent and of the kind hereiubefcre sta
ted, may be exempted and set off in
| like manner.
Section 8. That one-third of the
year " products Of every person, not
being the head ef family, of every,
avocation, without regard to valuation
character or condition of products or
earnings, shall be exempted from at
tachment. lovy and sale, except TO
enforce the payment of taxes.
Section 10. That no sheriff, con-
stable or other officer, whose duty it
is to enforce executions, shall proceed
in any other manner than is prescrib
cd in this act and should any officer
sell any real estate, or sell or remove
any personal property, in violation Of
the provisions Of this act, and of SEQ.
tion 80 CT article second of the con-
stitution of the State of South Caro-
lima, he shall be guilty of a misde.
mcanor, and on conviction thereof,
shall for the first "ffense, &c fined in a
sum not less than FIVE hundred dollars,
| (S500, } nor moro than one
thousand dollars, ($lo00,) and,
upon conviction, for the second
otfensc, hi4 cilice shall be
deemed Vacant and in either case
he shall liable, in damages to the
parties injured, for all injuries, by
reasons of his wrongful levy or sale.
Section II. Appraisers appointed
to set off the hem sstead under this
act shall receive rs compensation for
such service TWO dollars each per day,
and five cents mile for every mile
Of necessary travel. The sheriff shall
receive Eve dollars for all services in-
cidental to setting off the honest tead,
bnt exclusive Of all necessary dis.
bursements. The trial Justice or
other officer who qualities tho up.
praisers shall receive for such serc
vice seventy-6ve cents, and five cents
a mile for every mile Of neccs.
sary travel. The foregoing fees
shall be puid by tho officer
executing tho process, out Of property
of the debtor, or, in case of the
homestead set off to tho widow or
minor children, out of the estate OF
the deceased, by the executor or ad
ministrator thereof Provided, That
tho officer, before setting off the
homestead and exemption, in auy
case, shall be entitled to demand and
receive from the plaintiff in exccu;ion
| in advance, sum Of money suffl.
cert to cover tho necc. sary fees and
cost herein allowed. Whenever, a
homestead is set off, as provided in
section 8 Of this act, the probate judge
shall receive as compensation fivc
dollars for all services, including tho
record of the proceedings, but exclud
ing the advertising, which shall mol
exceed five dollars, and which fees
and costs shall be p.id in advance by
the party claiming the hom eStead and
exemption.
Section l2. All acts and parts oI
acts inconsistent with or supplied By
this act be, and the samo are hereby
repealed.
Approved February %, A. D
1873.
JOINT REsoLuTioE TO KAriFf TIL
AMEN DMENT to THE CONsTirCTto.
OF THE STATE OF SOUTH CAROLINA
RELATIVE TO THE TINE OF HOLD
ING ELECTIONS. ....
Whereas Article XIV. Of tho con
{ stitution Of the state of South Caro-