Year: 1872

the same is correct, according to tht
best of their knowledge and belief.


SEC. II. That this act shall be deem
cd a.public act, and continue in force
until repealed. s.


Approved March 13, 1872.


AN ACT to reduce all acts to deter


mine and Perpetuate the Home


stead, into one Act, and to Amend


the same.


Be it enacted by the Senate and
House of Representatives of the State
of South Carolina, now met and sit,
ting in General Assembly, and by au.
thority of the same:


That whenever the real estate OF
any head of a family resident in this
State shall be levied upon BY virtue
of any mesne or final process issued
from any court upon any judgment
obtained upon any right Of actlon,
whether arising previous or subse'
quent to the ratification Of the Con-
of the State Of South Caro-
lima, if the same be the family home
stead of such person, the Sheriff, or
other officer, executing said process,
shall cause a 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 himself, who
shall be discreet and disinterested
men, to be selected from q different
neighborhood, and in no wise related
to either party, resident in the coun-
ty, and who shall be sworn by Trial
Justice, or Justice Of the peace, to i'm
partially appraise and set off, by
metes and bounds, homestead of the
estate of the debtor, such as be or she
may select, not to exceed the value of
one thousand dollars; and the said
shall proceed accordingly
to set out the homestead, and the set
off and assignment so made by the
shall be returned by the
officer, along with the said process, for
record in court; and if no complaint
shall be made by either party within
thirty days thereafter, no further
proceedings shall be had against the
homestead, but the residue Of the
lands and tenements Of the head of
the family, if any more or other he
shall have, shall be liable to attach.
ment, levy, and sale: Provided, that
upon good cause shown within thirty
days after assignment of. the home
sterd, the court out Of which the pro.
cess issued may order a reappraise.
ment and ro-assignment of the home.
stead by other appraisers appointed
by the court: And provided, further,
that should the creditors OF debtor
neglect or refuse, after due notice
from the officer 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
in this State, whether the
said person owns homestead of reaI
estate or not, is taken Or attached by
virtue Of any mesne or final. process
issued from any court, and the Said
person shall claim the. property, OF
any. part thereof, as exempt from at
tachment and sale on account of the
Same being the annual product of his
or her hom estead, or as, subject toe
emption under the constitution, and
the creditor and debtor do not agree
about the same, the officer executing
the said process shall cause the same
to be. ascertained, and all exempted
property set out by appraisers ap
pointed and sworn for the purpose Sc
as provided in the preceding sectior
for setting out the homestead, subjec


to like limitations and provisions, ant
the residue, if any, shall be sold, fo


tho payment Of debts, which proceed


ing shall be stated in the officers re


turn of such process,


Sec. 3. That if the homestead as


signed under section ] of this Ac


shall not, amount, in value to on


thousand dollars, then the Sheriff, o


other officer, who, shall make sale @


the residue Of tho real estate of th


person claiming the homc cstead, sha4