Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-11-29
CONSTITUTIONAL CONVENTION.
TUESDAY.

Tuesday was the last day and busi.
ness was pushed with a rush. The
first section to come up was that re-
lating to homestead. After discussion
it was adopted as follows:
Section 80. The general assembly
shall enact such laws as will exempt
from attachment, levy and sale under
any mesne or final process issued from
any court, to the head Of any family
residing in this State, homestead in
lands whether held in fee or any
lesser estate to the value of one thou
sand dollars, or so much thereof as the
property is worth if its value is less
than one thousand dollars, with the
yearly products thereof, and to every
head of a family residing in this State,
whether entitled to q homestead ex-
emption in lands or not, personal prop
erty to the value of the sum of five
hundred dollars, or so much thereof
as the property is worth if its value
is less than five hundred dollars. The
title to the homestead to be set and
assigned shall be absolute and be for
ever discharged from all debts of the
said debtor then existing or thereafter
contracted, except as hereinbefore pro-
provided Provided, that in case any
woman having separate estate shall
be married to the head of family
who has not of his own sufficient prop
erty to constitute a homestead as here
inbefore provided, said married ..wo-
man shall be entitled to like exemp-
ton as provided for the head of a
family: Provided, further, that there
shall not be an allowance of more than
one thousand dollars worth of real
estate and more than five hundred
dollars worth of personal property to
the husband and wife, jointly: Pro-
vided, that no property shall be ex-
empt from attachment, levy or sale
for taxes, or for payment of obliga-
tions contracted for the purchase of
said homestead or personal property
exemption, or the erection or making
of improvements or repairs thereon:
Provided, further, that the yearly
products of said homestead shall not
be exempt from attachment, levy or
sale for the payment of obligations
contracted in the production of the
same: Provided, further, That no
waiver shall defeat the right of home
stead before assignment, except it be
by deed of conveyance, or by mortgage
and only as against the mortgage debt;
and no judgment creditor or other
creditor whose lien does not bind the
shall have any right or
equity to require that a lien which en-
braces the homestead and other prop
erty shall first exhaust the homestead ::
Provided, further, That any person
not the head of a family shall be en-
titled to like exemption, as provid-
ed for the head Of family, in all ne
cessary wearing apparel and tools of
trade not to exceed in value the sum
of three hundred dollars.
Section "a, which requires the pun
ishment Of an intermarriage of the
races was so amended as TO merely
declare such marriages null and void.
The section providing that the ex-
penses of administering, dividing or
an estate should not ex-
ceed 10 per cent. of the value of the
estate, was stricken out. The argu-
ment was that many estates were sold
at auction for a nominal sum, and it
would often happen that 10 per cent.
would not be fair compensation.
The effort to create a labor bureau
was killed.
When Senator Tillman's divorce
providing that this State
shall recognize the divorces Of other
States where the marriage was not
performed in this State and one of the
parties was not resident was reached,
Mr.. Bowman moved to strike it out.