Year: 1868

The following is the homestead law as pass
ed by both Houses of the General Assembly
A BILL TO DETERMINE AND pERpETuaTE TIL


HOMESTEAD.


Re II enacted by the Senate and House o
REPRESENTATIVES of the State OF South Caro-
lima. now met and sitting in General Assem-
bly, aud by the authority Of the same,


SgcrIoN l. Whenever the real estate O
the head of any family residing in this State
shall be levied upon by virtue of any mesne
or final process issaed from any court. if th'
same be the family homestead Of such person
the sheriff or other officer executing said pro
cess shall cause hom&tead, such as sait
person may select, not to exceed the value o.
one thousand dollars, to beset off to said per
son in the manner following, to wit: lie shal
cause three appraisers to be appointed, one tt
be named by the creditor, one by the debtor
and one by himself, who shall be discreet and
disinterested men, resident in the county. and
shall be sworn by Justice of the Peace tc
impartially appraise and set of, by metes and
bounds, a homestead Of the estate of the deb
tor such as he may select, not to exceed the
value of one thousand dollars; and the said
appraisers shall p-oceed accordingly to set out
the homestead and the set off and assign
ment so made by the appraisers shall be re-
turned by the officer, along with said process
for record in Court; and, it no complaint shall
be made by either party, no further proceed
ings shall be had against the homestead, but
the residue of the lands and tencments Of the
head Of family, if any more or other he shall
have, shall be liable to attachment levy and
sale: Provided, That upon good cause shown
the Court, out Of which the process issued
may order reappraiscrnent and reassignment
of the homestead, either by the same appral
sers or Others appointed by the Court: And
provided further, That should the creditors
or debtor neglect or refuse, after due notice
from the officers executing the process, tc
nominate ar appraiser, then said officer shall
appoint the same.


SEC. 2. Whenever the personal property oi
The head of any family residing in this State
is taken or attached by virtue of any mesne
or fiual process issued from any court, and
said person shall claim the said properly or
any part thereof as exempt from attachment
On account of the same being the annual pro
duct of his or her homestead, or as subject to
exemption under the constitution, and the
creditor and debtor do not agree about. the
same, the officer executing said process shall
caus. the same to be ascertained, and all ex
emp,ed property set out by appraisers appoint
ed and sworn Tor the purpose, as provided il
the pr, ,ceding section for setting out the
homestead, subject to like limitations and
provisions, and the residue, if any, shall be
sold, which proceeding shall be stated in the
officers return of such process.


SEC. g. The exemptions Of sections one
and TWO of this act shall not extend to an.sl
tachment, levy or sale on any mesne or ina
process issued to secure OF enforce the pay.
ment oil taxes, or obligations contracted to
the purchase of said homestead, or obliga
tiups contracted for the erection of improve
ments thereon: Provided, The court or au
lhoritJ issuing said process shall certify there
on that the same is issued for some one Oh
more, and no other, of said purposes: Provi-
ded further, The yearly product of said home
stead shall be subject to attachment, levy anG
sale to secure or enforce the payment of OBJ
!igations contracted in the production of the
SAM; but the court issuing the process there
tr saall certify thereon that the same is is
;ued for said purpose and no other.


Sec 4. The estate or right Of homestead
of the head of any family existing at his deatl
shall continue for the benefit Of his widow
and minor children, and be held and epjoved
by them until the youngest child is twenty.
one years of age, and until the marriage OF
death OF the widow, and be limited to thai
period. But all the right, title and interes
of the deceased in the premises in which Sucl
estate or right exists except the estate o
homestead tnus continued, shall be subject t.
the laws relating to devise, descent, dover
and sale for payment of debts against the es
tate OF The deceased.


Sec. S. When widow or minor children
are enulled 10 an estate lr right Of homestead
as provided i'll the preceding section, the same
may be Set off to the parties entitled thereto
by the Judge Of the Probate Court, who shal
appoint three disiDterested persons, resident
iD the county, who, having been duly sworn
shall proceed to appraise and set out, b.
metes and bounds, such homestead, and make
return thereof to him. If no complaint shall
be mnde against said appraisal and setting
out of the homestead, within twenty days
thereafter, by any party interested therein
or any good cause appear to the contrary, the
same shall be confirmed by the Judge, ant
ordered accordingly.


Sec. 6. Appraisers appointed to set out the
homestead, under this act, shall receive as
compensation two dollars per day each fol
such services, and the same shall be paid BY
tie officer executing the process out of the
property of tie debtor or in case of The
homestead set out TO widow or minor chill
dren, out Of the estate Of the deceased by the
executor or administrator thereof.