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

ste"u cAoulpCcu Ill Hko manner as it
tho husband or parents wcro living,
and tho homestead so exempted shall
be subject to partition among all the
children OF the head Of the family in
! like manner rs If no dcbts existed:
Provided, That no partition or salo 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 tho right of
homestead, however solemn, mailc by
the head OF family at any time prior
to tho assignment of tho homestead,
shalt defeat the homestead provided
for in this Act: Provided, however,
That no right Of homestead shall exist
or BIO allowed in any property, real or
personal, aliencd or mortgagcd by any
person or persons whOmsoevcr rs
against tho title or claim Of the alienee
or. mortgagcc, or his, her, or their
heirs and assigns.
SEC. 8. The personal property of
the head Of any family residing i'm this
State to the extent Of five hundred
collars shall be exempt from attach
lncnt, levy or sale: Provided, That in
case the right of such exemption bo
disputed by tho creditor, the officer in
whose hands the process is lodged
shall cause the same to be asccrtaincd
and appraised, and all exempted prop-
crty 50 asccrtaincd and appraised by
appraisers appointed and sworn for
that purpose and the return of which
has been duly made, filed and record
ca rs provided i'll Sections 1 and 2 of
| n nf fhn1 oIx 49,
part! freed from all debts Of the debt
trnctcd, whether such debtors retain
or sell The property: Provided, furth-
cr, That debtor, being the head of a
family as hcrcinbetore stated, and not
being the owner Of the homestead,
shall be entitled to q ike exemption Of
personal property, rs herein allowed
to the owner Of u homestead, to be
ascertained in the same manner.
SIC. Z. That in case any woman
having q separate estate shall be mar
ricd to the head Of a family who has
not OF his own sufficient property TO
constitute q homestead, rs hcreinl G.
fore provided, said married woman
shall be entitled to a like exemption,
to be ascertaincd and set Off in the
same way, and with tho same ctfccs.
as provided for the head of family:
l'roVldcd, That there shall not he an
allowance of more than one thousand
Isl ,0OO) dollars worth Of real estate,
and not more than five hundred ($5OO)
dollars worth of personal property to
the husband and wife Jointly.
SEC. s. That the exemptions con.
tanned in the preceding sections of
this Act shall not extend to an attach
ment, levy or sale Oh any mesne or
ilnal process to secure or enforce the
payment either Of taxes or of oblira-
tons contracted for the purchase of
said homestead, 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 ono or more
and other Of said purposes: Provided
further, The yearly products Of said
homestead shall be subject to attach
mcnt, levy or sale to secure or enforce
Inc payment of obligations contracted
! for provisions or other necessary arti-
clcs purchased, or advances in money
or merchandise procured to be used or
SS;XPended 6; in the production Of the
ell i'll the reproduction of the same, and
or none other; but the court issuing.
the process therefor shall certify there
on that the is issued for said pur-
pose and no other.
SEC. 9. Whenever the head of any
family, married woman, widow or
children shall be entitled to al estate
or right of homestead rs hcreinbcforc
Pr0Vldcd, and no process has been
lodged with any officer against such
homestead, the party or parties en-
titled to such homestead may apply at
any time, by petition to the master of
said county, or if there be no master
therein, then and in that event to the
clerk of the court tor said county, to
have the same appraised and set off.
The master, or if there be no master in
said county, the clerk of the court shall
thcrcupon, after giving public notice
by advertising the intention of such
party or parties to have his or their
homcstcads set oil. once week for
four weeks in n paper published in the
county where the land lies, and in
case no paper is published in the coun-
~ then by posting tho notice on the
door OF his office, and in three other
public places for like length of time,
appoint three disintercstcd persons,
resident in tho county, who, having
been duly sworn. shall proceed to ap-
praise in the manner hcreinbctore pro-
vidcd and set of, by mctcs and bounds,
such homestead, and make return to
him. If no complaint shall be made
by any creditor, or other person in
tcrrstcd, against said appraisal and
setting off Of the homestead within
thirty days after the return Of the ap-
praiscrs, the same shall be confirmed
by the Circuit Court at the next ell
suing term thereof, and shall be re-
corded rs provided for in Section 2 of
this Act: Provided, That no appraisc-
mcnt shall be made or return filed UNI
Ill the notice has expired. But if cx-
ccptions to such appraiscment and re-
turn be filed by any person Interested
therein, within the said period Of thir-
ty days after filing the return Of the
said appraisers, the Circuit Court, upon
good cause being shown, may order q
rcappraiScmcnt and assignment Of the
homestead by other appraisers to be
appointed by the Court. Personal
property, to the extent and of tho kind