Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1873-08-21

IL no complaint shall
pc mado by either party, within thirty
days after Che return Of the appraisers
f daas been flied. the proceedings in, the,
case shall b, final: Pfprilea, That up,
ON good cause shown, within thirty days
Faftcr fling tile return of'said appraisers
the q G5eqnrt out Of which the process issued
may order re-nppraiscmcnt .ahd re.
sassig6fients of the homestead By oslipf
uiappraisers appointed By the court !, As1
|. i,ropiacd further, That should tho. crcdi--
tor or debtor neglect OF refuse, hfter ten ten
|ssdhys ;notfccbi from stkc Off In whose
hands; the process, is, lodged, to nominate
ati appraiser, then the said officer shall
appoint the Same. ~ ifiiagtl9t lRah gd. Il
SEo. 2. ,That when tbirtyida5s shall;
have elapsed after the filing, the return
of said appraisers setting off liionIiiisg lionIifiiseg.
Jstead tos ahysddeht Or. according totiIes
provisions 81, Section Of this cd, aud,
no good cause has been shown, or Sess ex. :
|sateptienst filed against such afet .ifn, such
afdebtor b, may have. spcl return recorded
in the offic of the Register of Mesne
Il u sig eJnty f1si n Wfcn ta
same iisselPfste8 sand pupdnssutl, retGrni
being 80 recorded in thirty three days
after the proceedings have become ffnai,
the: title to the homestead SO set off ana
assigned, shall be forever discharged,
from all debts Of said debtor then exist
ing or thereafter contracted. fe'siiS+ 9ti5 ''
SEC. 3. That whenever, in the nssien..
mcnt of o homestead, as provided in
Section Of this Act, the appraisers lrl,r Isl rs,
shall find. that the promises, including
the dwelling house and out rfheuses,,
exceed the value Of one, thousand dollars,
and that the same cannot be divided
without iujury1ato the remainder, they
shall make and sign, under oath, an
appraisal thereof, and deliver tho same 10 !
TO the Sheriff, who shall deli-es d COPY
thereof tol tue head of. the family claim,
| ing the homestead, or. to some member
0fpthe family ofisuitable age to under?
stand, the nature ,thereof, with
attached, that unless tue, person SO claim.
ing the homestead shall pay 60 said
SheriG thegsnrplns aof the appraised
! yaluo over and above one thousand dol.
lars, within sixty days thereafter, such
premises will bc sold and on failure Il, tS,f
sapay such surplus in the Etima tii,nitcd,
I the SheriK shall advertise and sell the
.said premises, and, out Of the proceeds
of such sale S.shall pay into tho Office, Of
the clerk of the circuit court one ;thens,.
aud dollars, which shall be applied, M
der the order Of the circuit Judge, upon
the app.icatioa of the head sof the ,fami,l 1
y, In the purchase Of a homestead of
that value. The residue in the hands
| of the Sheriff, f,any, after paying all
expenses incident to the apprascnlent !
and sale OF the property, shall be appli-
cd by HIM to any executors in .kisy
hands, according TO law Ifopidel,l
| That no sale, shall be made unless
/ greater sum than one sthousand 4 dollars
shallLbe bid: therefor :s'lsoyi1ea, .Jarfher,
That If, alter notice, the party! claiming
the homestead pays, or causes to be paid,
the surplus over one thousand dollars, =
ne shall, upon recording the return and 1
receipt Of the Sheriff for such surplus,
endorsed on said return, is provided id
Section 2 of fithissAct, hold ,tlscip ciproperty
so appraised and set off, freed and dis.
charged from all debts and 'deu,andsthen
existing against such parties; but as to q
such surplus not from debts thereafter
contracted, like proceedings. to tho
foregoing being in such case allowable
for the recovery of all after contracted
debts
SEC. H. IF the husband be dead, the
widow and children, if she father and
mother be. dead, tho 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 80 exempted shall be subject
|. TO partition among nj! tho 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 bo
made until the youngest child becomes
OF age, unless, upon proof satisfactoryto to
the court hearing tho case, such sale is
deemed best fer the interest of such,
minor or minors
SEC. 5. No waiver Of tho right of
homestead, however solcmnly executed,
shall be binding upon, the head Of the
family, or, in case of his or her death,
lis or her heirs, SO us to defeat the
homestead herein provided fur.
SIC. T.. The personal property Of the
head Of any family, residing in this
state, consisting of the yearly products
Of his or her homestead, aud of the pro- /,
pcrty subject to exemption under the
constitution shall bc cyc,nnt from, az