The news and herald. (Winnsboro, S.C.) 1877-1900, 1881-01-18
THE HOMESTEAD JAY.

The Homestead Act passed at the
late session Of the General Assembly
is as follows:
Bill to determine and p"rpctuate tho Home
stead.
BE 1t enacted by the Senate and
House Of Representative of tho State
Of South Carolina, now met and sit
ting in General Assembly, and by the
authority Of the same:
SECTION /. That homestead IN
| lands, whether held in fec or anv less
CT estate, not to exceed in value one
| thousand (&l ,000J dollars, with the
yearly products thereof, shall be ex-
cmpt TO the head of every family re-
siding in this State from attachment,
| levy or sale, on any mcsnc or final
process issued from any court upOn
any judgment obtained upon any right
of action arising subsequent to the
ratification Of the CONSTITUTE IN of the
[ State Of South Carolina; and il shall
be tue duty Of the sheriff, or other
officer, before selling [aYainst1 the
real estate of any head Of u family
resident in this State, to cause q home
| stcud, as above stated, TO be set off to
said person, in the manner following,
| to wit: Tic shall cause three apprais-
crs to bc appointed, one to be named
by the creditor and one by himself,
who shall be discreet and disintcrcstrG
men, and in no wise related to either
! party, resident in the county, and who
Shall be sworn by a trial Justice or
other officer authorized by law to adj
minister oalhs, to impartially appraisc
and set of, by mctcs and bounds, q
homestead, not to exceed in value one
thousand dollars; and said appraisers
shall make return Of their action in
| the premises, under their hands and
seals, to the sheriff or other officer,
within thirty days after the said ap-
prnlscrs have been appointed us aforc-
said, for record in the Office Of the
clerk OF the said court, giving the
mctcS and bounds, rs well rs the
value Of the homestead so set off, for
which purpose they shall be author
lied to call in the aid Of Il surveyor, if
! they, or majority Of them, deem it
necessary. And if no complaint shall
be made by either creditor or debtor
within thirty days after the return of
the appraisers has been filed, the pro-
| cccdlngS in tho case shall he final !:
| i'' i"Sn. 4 net II oAcNptiUI luvic cIU Uu
filed by either creditor or debtor with
in thirty days after filing the return of
said appraisers, the court, out Of which
the process issued, may, upon good
cause being shown, order rcappruisc-
ment and reassignmcnt Of the home
stead by other appraisers appointed
by the court: And provided further,
That should the creditor or debtor
neglect or refuse, after ten days no
ticc from the officer in whose hands
the process is lodged, to nominate an
appraiser, then the said officer shall
| appoint the same.
SEC. 9. That when thirty days shall
, have elapsed after the filing of the
return OF said appraisers, setting of a
homestead to any debtor. according to
! the provisions Of Section Of this
Act, and no exceptions have been filed
against such return, or if such return
be finally heard and approved, such
| debtor may have such return recorded
in the office OF the register of mcsne
conveyance Of the countysin which the
same is located; and upon such return
! being SO recorded in forty days after
! the proceedings have bcc0me final, the
! title to the homestead so set off and
assigned shall be forever discharged
from all debts Of said debtor then ex-
listing or thereafter contracted.
SEC. 3. That whenever, in the rs
slgnmcnts Of homestead. as provided
in Section of this Act, the appraisers
shall find that the premises exceed the
value or one thousand (&l .0O0) dol.
lars, and that the same cannot be
divided without injury to- the remain
der, they shall make and sign, under
oath, an appraisal thereof, and dclivc,
the same to tho sheriff, who shall,
within ten days thereafter, deliver Il
copy thereof 20 the head Of the family
claiming The homestead, or to some
member of the family of suitable age
to understand the nature thereof, with
Il notice attached that unless the pcr
son SO claiming the homestead shall
pay to said sheriff the surplus of the
appraised value over and above one
thousand (Sl .000) dollars within sixty
days thereafter, such premises will bt
sold, and on failure to pay such sur
plus III the time limited, the sheriff
shall advertise and sell the said prem
lscs, and out Of the proceeds OF sucl
sale shall pay into the Office of tn,
clerk OF the circuit court one thousand
(%1 ,00O) dollars. which shall be ~,
piled, under the order Of the crcui
judge, upon the application of tn,
head Of the family, in tho purchase o
n homestead at that value. The resi-
due in tho hands Of the sheriff, if an,
: after paying all expenses incident t,
the appraisement and sale of the prop
crtv, shall be applied by him to an,
executions in his hands, according t,
Haw: Provided, That no sale shall b
made unless a greater sum than on
thousand ISL ,000) dollars shall be hi,
therefor: Provided, further, That i
after notice, the party claiming tn
homestead pays, or causes to be paid
the surplus over one thousand (SI 900
dollars, he shall, upon recording I'm
return and receipt of the sheriff 70
such surplus, endorsed on said return
as provided in Section of this Act
hold the property SO appraised and Sc
off, freed and discharged from all tn
debts and demands then cxistin,
against such parties, but as to sucl
surplus not from debts thereafter con
tracted, like. proceedings to the fore
going being in any case allowable 70
the recovery Of 0ll n ffor cnnt,o o,, .,