The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-08-16
4 SATURDAY, MORNINIG AU GUsTsl6. 1878.

'he application of the headspf the fami-
iys ia the purchase of a homestead of
that value. The residue in the hands
OF the Sheriff, If any, after paying all
ezpenses incident to the sppraisemeut
and sale of she property, shall be appli-
ed BY him TO any executions in kis
hands. according to law; lforiRed,
That no, sale shall be made unless d
greater SUM thansons ti,susaad dollars
shall be bid thesefor :. PtosidcR, further,
That it, after notice, the party claim ing
the homestead pays, or causes TO be paid,
the surplus over one thousand dollars,
ne shnll, upon recording the return aud
receipt Of the Sheriff for suck surplus
endorsed on said return, as provided in
Sec'ion 2 of this Act, hold the property
so appraised and set of, freed and dis.
charged from all debts and demands "a en-
existing against such parties; but as to
such surplus not from debts thereafter
contracted, like proceedings to tho
foregoing being in such case allowable
for the recovery Of oil after contracted
debts.
SEC. 4. IF the husband be dead, the
widow aud children, If the father aud
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 the
homestead so exempted shall BE- subject
TO PARTITION among all the children of
the head of the family in like manner
as If no debts existed: ProytRca, Tha,
no partition or safe in that case shall be
made until .hs youngest child becomes
of age, unless, upon proof satisfactory to
the, court hearing the case. such sale is
deemed best for the interest of such
miuor T minors.
Sac. B, No waiver of The riyht of
! y - ~
heRsstead. howeysr sole.nnty. executed,
shalI be binding upon the head Of the
family, or, 10 cuse uf his or her death.
hia or her heirs, 80 as to. dc!cutt the
homestead herein provided for.
sEc, 8, The personal property Of the
head of any family, residing in this
tate, consisriug of tho yearly products
Of his or her homestead, and of che pro-
perty subject to exemption under the
constitution, shall be exempt from ut.
tachment, levy orssale l'sooileol, That
in case the right Of sucli exemption be
disputed by tho creditor, the officer in
whose hands tho process is lodged shall
cause the same to bc ascertained and
appraised, aud all exempted property 81
ascertained aud appraised, ,'by appfaisers
appointed and sworn for that purpose, as
provided in Section 1 OF this Act, shall
vest absolutely in the party freed from
all debts of the debtor then existing, or
thereafter contracted, whether such
aebtor retain orsell the property. Pro
oiied, further, That debtor, beiL. ihe
head Of a family as bcreinbefore stated,
and not being the owner of any home.
stead, shall be entitled to like exemp.
ton Of personal property, as herein
allowed 80 the owner of homestead, TO
be ascer,ained,in the same manner.
sEc. z. That exemptions contained
in the preceding Sections ofthis Act
shall not extend to an attachment, levy
or sale on any incsne or final process
Issued to secure or enforce the payment
oftaxes or obligations contracted Tor the
purchase Of said homestead, or obliga
tions 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, aud no
other, of said purposes: ProviIcl,
further, The yearly product of said
homestead shall be subject to attach
mont, levy and sale to secure or enforce
the payment Of obligations contraeted In
| the production OF the same, but tho
Court issuing the process therefor shall
certify thereon that the sameis issued
for said purpose, and no other.
I'd
SEo. 8. Whenever the head Of any
family, widow or children shall be en-.
titled to,an estate or right Of homestead
as hereinbefore provided, aud 40 process
has been lodged with any officer against
such hsmes;ead, the party OF parties en-