Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-01-13

1881.
court one thousand (s1,OOO) dollars, whicl
shall be applied, under the order of the cir
cult judge. upon the application of the heat
of the family, in the purchase Of Homestead
of that value. The residue in the hands o
the sheriff, if any, after paying all expense
incident to the appraisement and sale of tn
property, shall be applied BY him to any exc
cutions in his hands, according to law: Pro
vided, That no sale shall be made unless {
greater sum than one thousand (S1 ,000) dol
lars shall be bid therefor: Provided, further
That if after notice, the party claiming tht
homestead pays, or causes to be paid, the sur
plus over one thousand ($1,000) dollars, he
shall, upon recording the return and receip
of the sheriff for such surplus, endorsed on
said return, as provided in Section 2 of this
Act, hold the property so appraised and sci
off, freed and discharged from all the debts
and demands then existing against such par
ties, but as to such surplus not from debts
thereafter contracted, like proceedings to the
foregoing being in any case allowable for the
recovery Of all after-contracted debts.
Sec 4. If the husband be dead, the widow
and children, if the father and mother be
dead, the children living on the homestead.
whether any or all such children be- minors
or not, shall be entitled to have the family
homestead exempted in like manner as if the
husband or parents were living, and the home.
stead so exempted shall be sub bject 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 home
stead, however solemn, made by the head of
a family at any time prior to the assignment
of the homestead, shall defeat the homestead
provided for in this Act. Provided however,
That no right of homestead shall exist or be
allowed in any property, real or personal,
aliened or mortgaged by any person or per-
SONS whomsover as against the title or claim
of the alienee or mortgage, or bis, her or
their heirs or assigns. ., . ..,.... -
Sec. 6. The personal property Of the head
of any family residing in this State to the
extent of FIVE hundred dollars shall be ex-
empt from attachment, levy or sale Provi-
ded, That in case the right of such exemp-
tion be disputed by the creditor, the officer
in whose hands the process is lodged shall
cause the same to be ascertained and ap-
praised, and all exempted property so ascer
tanned and appraised by appraisers appointed
and sworn for that purpose and the return of
which has been duly made, fled and recor.
ded as provided in Sections l and 2 of this
Act, shall vest absolutely in the party freed
from all debts of the debtors then existing,
or thereafter contracted, whether such debt
ors retain or sell the property: Provided,
further that debtor, being the head Of a
family as hereinbefore stated, and not being
the owner of any homestead, shall be entitled
to like exemption of personal property, as
herein allowed to the owner of a homestead,
to be ascertained in the same manner. ..
Sec. 7. That in case any woman having a
separate estate shall be married to the head
of family who has not of his own sufficient
property to constitute homestead as here
inbefore provided, said married woman shall
be entitled to like exemption, t, be ascer-
tained and set off in the same way, and with
the same effect, as provided for tie head of a
family: Provided, That there shall not be
an allowance of more than 5ne thousand
Isl ,000) dollars worth of real estate, and not
more than FIVE hundred ($50O dollars worth
of personal property to the husband and wife
jointly. be-.
Sec. 8. That the exemptions contained in
the preceding sections of this Act shall not
extend to IN attachment, levy or sale on any
mesne or final process tosecure or enforce the
payment either of taxes or of obligations
contracted for the purchase of saiu nome
stead, or for the erection of Improvements
thereon Provided, The Court or authority
issuing said process shall certify thereon that
the same is issued FOR some one or more and
other of said purposes Provided further, The
yearly products Of said homestead shall be
subject to attachment, levy and sale to secure
or enforce the payment of obligations con-
tracted for provisions or other necessary ar
ticles purchased, or advances in money or
merchandise procured to be used or expended
in the prediction of the same, or Of other
obligations contracted in the production OF
the same, end of none other; but the Court
issuing thu process therefor shall certify
thereon that the same is issued for said pur-
pose and no other.
Sec. g. Whenever the head of any family,
married woman, widow or children shall be
entitled to an estate or right Of homestead as
herenbefore provided, and no process has
been lodged with any officer against such
homestead, the party or parties entitled to
such homestead may apply at any time, by
petition to the master Of said county, or if
:here be no master therein, then and in that
event to the clerk of the court for said county,
to have the same appraised and set of: The
master, or if there be no master in said county,
the clerk of the court shall thereupon, after
giving public notice by advertising the in
tention of such party or parties to have his or
their homesteads set off, once week tor four
weeks in paper published in the county
where the land lies, and in 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 a like length of time,
appoint three disinterested persons, resident
in the county, who, having been duly sworn,
shall proceed to appraise in the manner here:
inbefore provided and set of, by metes and
bounds, such homestead, and make return to
him. If no complaint 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 ap-
praisers, the same shall be confirmed by the
Circuit Court at the next ensuing term thereof,
and shall be recorded as provided for in Sec.