Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1873-04-24
or causes to be paid, the surplus over

or causes to be paid, the surplus over.
one thousand dollars. he shall, upon
recording the return and receipt Of
| the sheriff: for such surplus, endorsedll
on said return, as provided in section
9 of this act, hold the property so
appraised and set off freed and dis
charged from all debts and demands,
then existing against suchparty but
as to such surplus, not from debts
thereafter contracted, fiAe proceed.
ings to the foregoing. being in such.
case allowable for the recovery of all
after contracted debts. . y
Sec. 4. If the husband be- dead
the widow and children; if the father
and mother be dead, the children liv-
ing on the homestead, whether any
| or all such children be.1ninors or not,
shall be entitled to have the family
homestead exempted in like manner
as if the husband or parents were
lliving; and the; homestead so exempt
ed shall be subject to partition among
| all the children of the head of the
family in like manner as 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 for the interest of
such minor or minors.
Sec. 5. No waiver Of the right of
homestead, however solemnly execu-
ted, shall be binding upon the head
of the family, or, in case Of his or
her death, his or her heirs, SO as to
defeat the homestead herein provided
| for.
Sec. 6. The personal property Of
the head of any family, residing in
this State, consisting Of the yearly
products of his or her homestead,
| and of the property subject to ex-
emption under the constitution, shall
be exempt from attachment, levy or
sale: Provided, That, in case the
right of such exemption be disputed
by the creditors, the. officer in whose
hands the processislodgedshall cause
the same to be ascertained and ap-
praised, and all exempted property
so ascertained and appraised, by ap-
praisers appointed and sworn for that
purpose, as provided for in section l
Of this act, shall vest absolutely in
the party, freed from all debts Of the
debtor then existing, or thereafter
contracted, whether such debtor re-
tain or sell the property: Provided,
further, That debtor being the head
of family, as hereinbefore stated,
and not being the owner of any
stead, shall be entitled to a like ex-
emption of personal property, as here
in allowed to the owner of a home
stead, to be aseertaihed in the sage q
manner. ~ =. N
Sec. 7. That the exemptions con-
tanned in the preceding sections OF
this act shall not extend to an attach
ment, levy or sale on any mesne or
final process issued to secure or EN-
force the payment of taxes or obliga-
tions contracted for the purchase Of
said homestead, or obligations CON
tracted for the erection of improve
ments thereon: Provided, The court
or authority issuing said process shall
certify thereon that the same is issu.
ed for some one or more, and no 9th
er, of said purposes: P5oulded, FIR:
ther, The yearly product of said
homestead shall be subject to attach,
ment, levy and sale to secure and en-;
force the payment of obligations con-
tracteG in the production Of the same;
but the court issuing the process
therefor shall certify thereon that
the same is issued for said purpose:
and no other.
Sec. s. Whenever the head Of any
family, widow or children shall be
entitled to an estate OF right of home.
stead as hereinbefore provided, and
no process has been lodged With any
officer against such homestead, 'tns
party. or parties entitled .osucbhohe
stead may apply at any time, BY pe.
titioh 10 the Judge of the, Prob@te
Court, to have the same appraised
and set off. The Judge Of probate
shall, thereugon, after giving iebic
notice by advertising the fafehtien
Of such party or parties to have his
or their homesteads set off for thirty
days in paper published in the
county where the land lies, and iH
case no paper is published in the
county, then by posting the notice
on the door Of his Office, and in three
other public places, for like length
of time, appoint three disinterested
persons, resident in the county, who
having been duly. sworn, shall pro
ceed to appraise and set off, by. metes
and bounds, such homestead, and
make return to him.. If no com
plant shall be made by any creditor
or other person interested, against
said appraisal and setting off Of the
homestead, within thirty days after
the return of the appraisers, the same
shall be confirmed by the Judge and
ordered accordingly: Provided, That
no appraisement shall be made or re-
turn filed until the. notice has expir-
ed. Personal property, to the extent
and of the kind hereinbefore stated,
may be exempted and set off in like
manner
Sec. 9. That one-third Of the year
ly products of every person, not be-
ing the head Of a family, of every
avocation, without regard to valua-
ton, character or condition of pro-
ducts or earnings, shall be exempted
from attachment, levy and sale, ex-
eeps 10 enforce tha payment Of taxes.
SEC. 10. That:no sheriff, constable
or other officer, whose duty it is to
enforce executions, shall proceed in
any other manner than is prescribed
in this act; and should any officer
sell any real estate, or sell OF remove
any personal property, in violation