Year: 1868

the. General Assembly:


A BILL TO DETERMINE AND PERPETU
ATE THE HOMESTEAD.


| Be 1t enacted by the Senate and
! House of Representatives of the
State of South Carolina, now met
| and sitting in General Assembly


and by the authority of the same:
Section /. Whenever the real
estate Of the head of any family
residing in this State shall be
levied upon by virtue of any


mesne or final process issued
from any court, if the same be the
family. homestead of such person,
the sheriff or other officer execu.
ting said process shall cause
homestead, such as said person
may select, not to exceed the value


of one thousand dollars to be set
off to said person in the manner
following, to wit : He shall cause
three appraisers to be appointed,
one to be named by the creditor,
one by the debtor, and one by him
self, who shall be discreet and dis
interested men, resident in the
county, and shall be sworn by a
Justice of the Peace to impartially
appraise and set off, by metes
and bounds, a homestead Of the
estate Of the debtor, such as
he may select, not to exceed the
value of one thousand dollars !;
and the said appraisers shall pro-
ceed accordingly. to set out the
homestead and the set off and
assignment so made by the ap-
praisers shall be retarned by the
officer, along with said process, for
record in Court ); and, if no COM
plaint shall be made by either
party, no further proceedings shall
te had sagainst the e.hopaaStssnd. hut
the residue of the lands and tene-
ments of the head of a 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 a REIMBURSEMENT an q
reassignment: Of the homestead
either by the same appraisers or
others appointed by-Court: And,
provided furth her, That should the
creditors Or debtor neglect or
refuse, after due notice from the
officers executing the process, to
nominate an appraiser, then said
officer shall appoint the same.


Sec. 2. Whenever. the personal
property Of the head of any family
residing in this State is taken or
attached by virtue of any mesne
or final process issued from any
court, and said person shall claim
the said property or any part
thereof as exempt from attach
ment on account of the same be-
ing the annual product 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
cause the same to be assertained,
and alt exempted property set out
by appraisers appointed and sworn
for the purpose, as provided in the
preceding section for setting out
the homestead, subject to like
limitations and provisions, and
the residue, if any, shall be old,
which proceeding shall be stated
in the officers return of such pro-
cess.


Sec. 8. The exemptions of Sec
tions one and two of this act shall
not extend to an attachment, levy
or sale on any mesne or final pro-
cess issued to secure or enforce
the payment Of taxes, or obli-
cations contracted for the pur-
chase of said homestead, or obliga-
tions contracted for the erection
of improvements thereon Pro-
vided, The court or authority is,
suing said process shall certify
thereon that the same is issued
for some one or more, and no
other, of said purposes Pro
.1I nIl TLo roor1v rro.