New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-07-08
MASSACHUSETTS.
Homestead Exemption Law

AN ACT 10 exempt from Levy Esecu,ion the Home
stead of a House. holder having Family
SEcrloS J. Bsn enacted. &. asfoilo'rs In addition
10 the property now exempted by law from sale or
levy on execution. there shall be exempted the oi
ard buildings thereon. occupied a residence, AMI
owned by the debtor. or any such buildings owned
~ the cectOr land not hlS own, but OF which he
shall be the rghtiul possession. oy lease or other
wise. be being householder and having family, TO
the value OF nve hundred dollars. And no release or
waiver Of EXEMPTION shall be valid IN law unless By
deed for good consideration acknowledged and re-
corded the case OF conveyances Of real estate
SEC 2 such exemption shall continue after the
death of such householder. for the benefit OF the
widow and family OF the deceased party some one OF
them continuing TO occupy such homestead until the
Youngest child become tweniy-one years OF age and
until The death OF the widow.
SEC. ;. To entltle property 10 such cXcmp-
ton. II shall be set forth in the deed of purchase that
II i designed 10 oe held as homestead. under this
act. or II already purchased the said design shall be
declared by writing. duly sealed and ACKNOWLEDGED,
and recorded IN the registry of deeds OF the County
wherein the land hes.
SEC. 4. No property shall. by virtue OF this act,
oe exempted from levy for taxes. for a debt con
rscted for he purchase thereof for any debt
racied before such deed orwrtlng as aforesaid shall
have been recorded according TO law. nor shall build
IngS on land not owned by the debtor. De exempted
from levy for the ground rent of the lot OF land Nhere
such buildings situated.
SEC 5. Such exemption shall not De deemed 10
defeat or otherwise affect any mortgage or other IN
cumbTance or lien existing BY virtue of any deed. at
tachment. policy OF insurance, or otherwise.
SEC. 8. No conveyance BY the husband OF any
property exempted a. aforesaid shall be valid IN law
unless the wife JOIN IN the deed of conveyance.
SECT. = II any Judgment creditor shall require IN
execution 10 be levied on property claimed by the
debtor 10 be exempted from levy under this act. and
the officer holding such execution shall De- o opinion
that the premises OF greater value than nye hun
Gred dollars, then appraisers shall Oe appointed 20
apprase the premises IN the same manner * Is pro-
yldedb v law for the levy of executions on real estate
And # IN their Judgment the premises be OF greater
value than i've hundred dollars. and be divided
without injury to the parties the said appraisers shall
set of 10 the Judgment debtor 80 much Ot the SAID
premises including the dwelling house, As shall ap-
pear 20 them TO be OF the value OF nye hundred dol
mrs. and the residue OF property shall be dealt With
other real estate not exempted by law from levy
on execution out II, IN the judgment OF the apprNs-
crs the SAID property cannot be conveniently 80 d.
vGod. they shall make and deliver TO the said ofcer
their appraisal of the value of the sad premises. and
the SAID sheriff. or ms Deputy. shall deliver a copy
thereof to the judgment debtor or other lawful oc-
cupant of SAID homestead. And It shall be the right
OF such judgment debtor or other lawful occupant OF
the SAID premises. 10 pay n such execution the ex'
cess of the value of the said premises above the sum
of five hundred dollars. and 10 continue 10 h0ld the
SAID homestead As provided by TINS act but IN case
the Judgment debtor shall not make such payment
within sixty days. then the judgment creditor may re-
Oure the premises 10 be sold by such Sheriff OF ms
Deputy at public sale, after duly advertising the
same and ont of the proceeds OF SAID sale 10 pay 10
the debtor the sum of five hundred dollars to DC eX
empied from liability for hs debts for one year there
after and to apply the balance 10 such execution
pr0rlded. that unless greater sum than I'VE hundred
dollars shall be bId for the said premises. they shat
not be sold. and the execution may be returned I'M
satisfied for want OF property 10 satisfy the same
Approved. May 81, ISL