The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-04-19
Thc Menaestead Law.


: Constitution relates TO the Homestead.
lie last sentence reads as follows at
shau DO the duty of the General
Assembly, at sheir 6rs. session, to
enforce the provisions of this section by
/ sauitsbls legislation" "At their first
session." the special session Of 1868, the
Gshsrai Assembly did pass ''an act to
" stsrhinsaud perpstuate the homestead
%Ssetioa 4of this act relates to the limi.
.taiieH Of this homestead estate. The
Limitation is, os course, Of major inpor-
taAce, than the details of appraisement,
sstsihg off &c., which are provided for
is other sections Of the act. Az TO the
limitation, the words are AZ follows:
"The estate, or righs of homestead of
che hsaa Of any family, sxiating a. his
death, shall continue for the benefit of
his Nidsw and minor children, and be
hsidtsnd enjoyed by them until the
yoshgsss child 10 twenty one years of
sSs,' and until the marriage or death of
the widow, and be limited to tha.
period" Hero We have the homestead
ssttte limited to q life estate, with
reminder over TO the creditors of the
head of the family. Now was this
limitation according to the intent of the
Constitution? "Ths family homestead
= Z" . s's 9 shall be ezempt from
atsashment, levy or sale on any mesus
or final procssa insusd from any court"
are the words Of the Constitution.
Was the family homestead th.s
exempted b. the act of 1862 Was
nos che homestead actually or virtually
levied upon under the Judgment Of the
crsassOr, and . len given to said crsdi !
tor, with only tAs delay of the ezseutiou
.uasa the majority Of the youngest child
OF the marriage or the death Of the
widoa7 Cortainly ths was the casc.
The Judgement creditor already owned
tho hemestsEd Of his debtor, held his
,eatate in expectancy, and frequently
cold this his property in future.
! This view seems to have been taken
by the General Assembly. Not only
saat their FIRST sesBion" but at every
aession tho Legislature has touched up.
on this subjset.
IN the Act Of March 13, 1872 it is
provided, "thas the homestead, when
assigned % herein prescribed shall vest
in. shs heads Of the family in fee simple,
and bs freed from all debts and liabili.
tiss whatever 10 long as he or sle shall
rsnain resident in this State and no
longer. Here we have strong terms
expressive Of permanent exemption.
But svsn here there is q condition, $50
long % he or che shall remain r.siden.
De, and 40 longer" If "hs or shs"
lsb,tha State Whist then |? Why back to
the creditors che estate would revert.
Instead Of She Constitutional sxemp.
tion, fssaiRg shia amonns of property
from ali pseosas Of law by which the
creditor aould ever rsaoh it, the debtor
had only . is& cenditisaak
This ast also has provision by which
tas hsaa Of che family may sell his
hQnsstssdi upon sopditiea that he buys
another hoa,essead in tass Sfa,e with the
prssesds Of ito sale. This 10 based upsu
shs kindred reason Of the preceding
eondisisn. "Ths State has righ. to
protest hsrsslf from paupsrisn," .salu.
popuI suprsma tee.
hus ths very penalty for not purchas.
ing anssasr honss.ssd in this STATE
With the prosssds Of the sale of tho
arss, (whish are 20 be deposited with
che sheriff,) shows that the creditor.
righs isailewsa and tha. "prossss issued