New-York daily tribune., 1851-07-15

may give and such appraisement shall be made and
returned to SAID Court as aforesaid.
Sec T. When the homestead Of any e4i Of fani-
ly, beng debtor IN execution, shall CONSIST of a
house or house and lot OF land, which IN the ooin-
ION Of the appraisers cannot be dviiei slthO Il
Jury and Inconvenience. they shall make anI sign m
appraisal of the wnoe value the -eO and deliver the
same to the officer having the execution VINO = ~
deliver copy thereoto the executOl Debtor or 50 ~
me mter OF his family Of sufficient n m iersi
the nature thereof, with notice thereof affarhs
that unless the execution debtor shall paytO ,a.i l.
Ger the surplus over and above The five hulireI dO
lars within sixty days thereafter SAIL premises vii
be sold and IN such surplus shall not be ptlt
within the said sixty DAYS i shall bc .wful for he
officer TO advertise and sell the same ai auct on. ~
posting up notices of the time dnd D sale, IN
a description OF the premises, IN Two Or more o. tle
most pubic places IN the town where the same is So,
uaio and a Ike notice IN the next aiJOnlng town.
thirty DAYS prior the sale and ont Of the proceeds
Of such sale 10 pay the sad execution debtor with
the written consent Of his WIFE, the sum Of five hun
dred dollars provided. however. II the wife OF such
debtor shall not consent to such payment. the Sher
or officer having such proceeds shall deposit sad sum
OF FIVE hundred dollars ID some savings INSTITUTION IN
this STATE 10 the credit of SAID debtor and wife AMI
the same NAV be Withdrawn therefrOm only by the
lOInt order OF the husband and wie or ny the surVY
or IN case one should deceaSe and the same shall be
exempt from attachment and levy OF execution ior
the term Of one year from the time II shall Oe pal
or deposited aforesaid. And sald sheriff or othcer
shall apply the balance Of said proceeds on the exc
cutiOn or 50 much thereof a. shall be necessary 10
satisfy the same provided that no such sale Snill oe
made unless greater sum than FIVE hundred dollars
shall be bid therefor in which case the ofncer saa!
return the execution for want OF property, Win
certificate thereon Of his proceedings.
SEC 5. The provisions of TINS act shall not extend
10 any Judgment rendered on any contract made oe-
fore The taking effect Of this act, or Judgment rem
dered on any note or mortgage executed by the
debtor and his wife, nor any claim for labor less
than one hundred dollars, nor to impair the len
by mortgage Of the vender for the purchase money
OF the homestead IN question: nor Of any mechanic
or other person, under any statute OF ths STATE
for anv debt contracted for or IN aid OF the erection
Of the buildings nor from the payment OF taxes Que
thereon .
SEC. 6. No conveyance or alienation by the nus
band Of any property exempt and set on as aiore,
said shall be valid unless the wife JOIN IN the deed
of conveyance provided. however, that snch nus
band NAV without the consent Of his wife. mortgage
such homestead at the time of the purchase thereof
for the payment OF the purchase money
SEC : The provisions OF tins act shall not De so
construed as to affect any property iraudlleniy pur-
chased bv the debtor when IN lnSOlvont cIcunstdn-
CeS. Y. IS bAhLh,
Speaker OF the House Of RcPreseptatires.
JOHN :. WELLS,
President 0f the Senate.
Approved July 4. ISL. ,--,,oo,
SAMUEL DINSMOOR, G0rernor.