440 INSTITUTIONS, GOVERNMENT AND LAWS OF SOUTH CAROLINA. 



citizens, and so far, therefore, as the rights of property are concerned, 

 naturalization is not necessary. So, also, aliens can lend money upon 

 security, and can have the same remedies for suing for and recovering 

 the same as if they were citizens, whether the foreign State, of which the 

 alien is a subject, be at war with the United States or not ; and if a citizen 

 leave an alien widow, such widow's riglits in his estate shall be exactly 

 the same as if she were naturalized. In case of intestacy, the property of 

 the intestate is distributed by law among his nearest kin, according to 

 certain rules sjjecifically laid down by statute. AVliere he leaves a widow 

 and children, the widow takes one-third and the children two-thirds. 

 The Probate Court has power to grant administration of the personal 

 estate. The property of a felon is not escheated, but descends to his 

 representatives. A homestead in lands, whether held in fee or any lesser 

 estate, not to exceed in value one thousand dollars, with the yearly pro- 

 ducts thereof, is exempt to the head of every family residing in South 

 Carolina from lev}^ or sale for debt upon any judgment recovered against 

 him ; and it is the duty of the sheriff before selling the real estate of any 

 head of a family to have such homestead set off by appraisers in the 

 manner prescribed b}' law. If the property cannot be set off, the sheriff 

 must sell and pay one thousand dollars of the purchase money into 

 Court, to be applied to the purchase of a homestead. If the husband be 

 dead, the widow is entitled to the homestead ; and if both parents be 

 dead, the right is secured to the children, and no waiver of the homestead 

 is valid, except in cases of conveyance or mortgage. Personal property 

 to the value of five hundred dollars is exempt from attachment, levy or 

 sale. Where a married woman has separate property she is entitled to 

 the homestead when the husband's property is not sufficient. The Statute 

 of Frauds is in force in South Carolina, and all agreements for the sale 

 of lands, leases for more than one year, promises to answer for another's 

 debt or default, contracts for the sale of goods above the value of fifty 

 dollars, &c., must be in writing and signed by the party to be charged, 

 or his duly authorized agent. Assignments of the property of an insol- 

 vent debtor for the benefit of creditors which give to any creditor prefer- 

 ence over any other, are utterly void. The legal rate of interest is seven 

 per cent. ; but by written contract a rate of interest not exceeding ten 

 per cent, may be charged. If more than ten per cent, be charged, all 

 the interest is forfeited, and only the principal sum can be recovered. 

 And if aii}^ greater amount than ten per cent, shall be received, the per- 

 son or corporation receiving it shall forfeit double such amount. 



Public Instruction. The duties of the State Superintendent of Edu- 

 cation have been already touched U})on. He has general supervision 

 over all the free public schools of the State, and is required to visit every 



