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

The Homestead Acs passed at the late ses-
sion of the General Assembly is as follows
A BILL to determine and perpetuate the Home
stead.
Be it enacted by the Senate and House of
Representatives of the State of South Caro-
lima, now met and sitting in General Assem-
bly,, and by the authority of the same:
Section l. That homestead in lands,
whether held in fee or any lesser estate, not
to exceed in value one thousand (S1 ,O00) dol.
lars, with the yearly products thereof, shall
be exempt to the head of every family re-
siding in this State from attachment, levy or
sale, on any mesne or final process issued
from any court upon any judgment obtained
upon any right of action arising subsequent
to the ratification of the Constitution Of the
State of South Carolina; and it shall be the
duty of the sheriff, or other officer, before
selling [against1 the real estate of any head
of a family resident in this State, to cause a
homestead, as above stated, to be set off to
said person, in the manner following, to wit:
He shall cause three appraisers to be appoint
ed, one to be named by the creditor and one
by himself, who shall be discreet and disin-
terested men, and in nowise related to either
party, resident in the County, and who shall
be sworn by trial justice or other officer
authorized by law to administer oaths, to
impartially appraise and set of, by metes
and bounds, a homestead, not to exceed in
value one thousand dollars and said ap-
praisers 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 appraisers have been ap-
pointed as aforesaid, for record in the office of
the clerk of the said court, giving the metes
and bounds, as well as the value of the
homestead so set off, for which purpose they
shall be authorized to call in the aid Of
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 proceedings in
the case shall be final: Provided, That if ex-
ception thereto be filed by either creditor or
debtor within thirty days after filing tie re.
turn of said appraisers, the Court out OF
which the process issued, may, upon good
cause being shown, order a reappraisement
and reassignment of the homestead by other
appraisers appointed by the court : And pro-
vided further, That should the creditor or
debtor neglect or refuse, after ten days no.
tice from the officer in whose hands the pro-
cess is lodged, to nominate an appraiser, then
the said officer shall appoint the same.
Sec 2. That when thirty days shall have
elapsed after the filing of the return Of said
appraisers, setting off homestead to any
debtor, according to the provisions of Section
l 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 mesne conveyance Of the county in
which the same is located and upon such re-
turn being so recorded in forty days after the
proceedings have become final, the title to the
homestead so set off and assigned shall be for
ever discharged from all debts Of said debtor
then existing or thereafter contracted.
Sec 3. That whenever, in the assignments
of homestead, as provided in Section l of
this Act, the appraisers shall find that the
premises exceed the value of one thousand
Isl 0o0) dollars and that the same cannot be
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, within ten days thereafter, deliver
copy thereof to the head Of the family
claiming the homestead, or to some member
of the family of suitable age to understand
the nature thereof, with notice attached that
unless the person so claiming the homestead
shall pay to said sheriff the surplus of the ap:
praised value over and above one thousand
$4,000 dollars within sixty days thereafter,
such premises will be sold, and on failure to
pay such surplus in the time limited, the
sheriff shall advertise and sell the said prem.
ises, and out Of the proceeds Of SUCH sale shall
pay into the office of the clerk Of the circuit