The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-03-21
LAWS OF THE STATE.
ACTS And JOINT RESOLUTIONS OF
THE GENERAL ASSEMBLY.
Session of 1s7a-73-Published by Au-
thority.
AN ACT


TO REVISE AND AMEND AN ACT ENTITLED IAN
ACT TO REDUCE ALL ACTS AND PARTS OF ACTS
TO DETERMINE AND PERPETUATE THE HONE.
STEAD INTO ONE ACT, AND TO AMEND THE
SAME"
SECTION l. Be IL enacted by the Senate and
House OF Representatives of the State of South
Carolina, now met aud sitting In General As
sembly, and by the authority of the same:
The family homestead of the head of each
family residing In this State, such homestead
consisting of dwelling house, outbuildlngs and
lands appurtenant. not to exceed the value OF
one thousand dollars, and yearly product
thereof, shall be exempt from attachment,
evy or sale, on any mean or fnal process
Issued from any court upon any judgment OBJ
tained upon any right of action, whether
arising previous or subsequent to the ralifca-
ton of the Constitution of the State of South
Carolina; and 1t shall be the duty of the sheriff
or other officer before executing any process
against the real estate of any head of family
resident In this State, to cause homestead as
above stated to be set off to said person
10 the manner following, 10 wit: He
shall cause three appraisers to be ap-
pointed, one to be named by the
creditor, one by the debtor, and one by HIM
self, who shall be discreet and dislnterested
men, and In no wise related 10 either party,
resident In the county, and who shall be
sworn by q trial justice OF other officer author.
lied by law to administer oaths, 10 impartially
appraise and Get of, by metes and bounds, a
homestead, not to exceed In value one thou
sand dollars; and sald appraisers shall make
return of their action In the premises, under
their hands and scala, 10 the sheriff or other
officer, within ten days after the assignment
and set off Ia made, for record 10 courr, giving
the metes and bounds, as well as the value Of
the homestead 80 set of, for which purpose
they shall be author zed to call 10 the aid OF q
surveyor, If they or majority Of them deem
1t necessary. And II no complaint shall be
made by either party, within thirty days after
the return of the appraisers has been filed,
the proceedings In the case shall be fnal:
Provided, That upon good cause shown, with
ln thirty days after filing the return of said sp-
praisers the court out of which the process
issued may order re-appralsement and re-
assignment OF the homestead by other ap-
praisers appointed by the court: And pro-
vided, further, That should the creditor or
debtor neglect or refuse, after ten days no
tice from tile officer In whose hands the pro.
cesses lodged, To nominate an appraiser, then
the said officer shall appoint the same.
SEC. 2. That when thirty days shall have
elapsed after the fling The return of said ap'
pralsers, setting of homestead to any
debtor, according to the provisions OF section
1 or tnio act, und no good nauso has boon
shown, or exceptions filed against such re-
turn, each debtor may have such return re.
corded In the Office OF the register of mense
conveyance of The county In which the same
is located; and upon such return being 30 re-
corded In thlrty-three days after the pr ceed.
ings have become f1nal, the title to the home.
stead go set of and assigned shall be forever
discharged from all debrs of said debtor then
existing or thereafter contracted.
SEQ. 8. That whenever, In the assignment
of q homestead, as provided 10 section of this
act, the appraisers shall find that the prem
ises, Including the dwelling house and out
houses, exceed the value OF one thousand
dollars, and that the same cannot ba divided
without injury to The remainder, they shall
make and sign, under oath, an appraisal
thereof, and deliver the same to the sheriff,
who shall deliver q copy thereof 10 The
head OF the family claiming the home
stead, or to some member of the
family of suitable age 10 understand the
nature thereof, with q notice attached, thai
unless teperson 30 claiming the homestead
shall pay to said sheriff The surplus OF The ap
praised value over and above, one thousand
dollars, within siXty days thereafter, sucf
premises will be sold, and on failure 10 pay
such surplus In the time limited, the sheriff
shall advertise and sell the said premises, and
out of the proceeds of such sale, shall pay intc
the office of the clerk of the Circuit Court, one
thousand dollars, which shall be applied, un
der the order of the circuit Judge, upon the
application of The head Of the family, In The
purchase OF homestead Of that value. The
residue 10 the hands OF the sheriff, II any
after paying all expenses incident to the ap
pralsement and sale of the property shall be
be applied by him to any executions in hii
hands, according to law: Provided, That nc
sale shall be made unless greater sum thar
one thousand dollars stall be bid therefor
Provided, further, That If, after notice, the
party claiming the homestead pays, or causes
to be paid, the surplus over one thousand do'
lars. he shall, upon recording the return ano
receipt of the sheriff for such surplus, endorsed
on suiI return, as provided 10 Section OF lhii
act, hold The property 30 appraised and se
of. freed and discharged from all debts anC
demands then existing against such party; ou
az to such surplus not from debts thereafter
contracted, like proceedings to the foregoing
heinp in such case allowable for the recovery
of all after contracted debts.
SEC. 4. II the husband be dead, the widow
and children; If the father and mother b'
dead. the children living on the homestead
whether any or all such children be minors o.
moi. shall be entitled to have the family home
stead. exempted In like manner as II the nus
pand nr parents were llvingi and the home
stead so exempted ehall be subject to partition
among all the children oil The head Of the famii
IN ike manner as if no debts existed: Pro
vided. That no partition or sale In that cas-
shall be made until the youngest child become
of age, unless upon proof satisfactory to tn
court hearing the case, such sale Ia deeme
| t,, tho iotoroat ot such minor or minors