New-York daily tribune., 1851-07-14
A Ray of Progress in New-Eamshire-The
Homestead Exemption Act.

The late session OF the Legislature passed
the following, and thus made commencement
in the Land Reform movement
ASAcr TO exempt the Homestead OF families from
attachment and levy or sale on execution
SECTION l. Re II enacted by the SENATE and House Of
ReJresentarcs IN General court c0nrerej That rom
and after the ls day OF January, AID 1852, the iami
" homestead OF the head of each family shall be eA
emp from attachment and levy or sale on execution
on any Judgment rendered on any cause OF acton ac
cruing after the taking effect OF this act provided
such homestead shall not exceed IN value i've hund
red dollars Such homestead shall not be assets IN
the HANDS OF an administrator for the payment OF
debts nor sub ect 10 the laws or distribution or de-
vise, 50 long the widow or minor children or any
or either of them shall occupy the same and no re-
lease or waiver OF such exemption shall DC Yald un
less made by deed executed by the husband and WIFE
with all the Ornalties require by law for the con-
veyance of real estate or If he wife be dead and
there be minor children, by such deed executed by
the husband, with the consent OF the Judge OF Pro-
bate for the County in which the land Is, ndorsed on
sand deed.
Sec Q Such exemption shall extend to any interest
which the debtor may owe III such homestead ana
to any interest in any building occupied by him as
homestead, standing on land not owne by hint to an
amount not exceeding five hundred dollars.
Sec. 3. That the Sheriff executing any writ of eX-
ecution founded ON any judgment such as Is mention
ed in the first section OF this act on application OF
the debtor or his wife, if such debtor shall have
family. and If the lands and tenements about 10 De
levied on or any part thereof shall be the homestead
OF estate thereof shall cause homestead, such as
the debtor may select, not exceeding hve nuhured
dollars in value, to be set of 10 the DEBTOR III inc
manner following, to wit he shall cause three ap
prasers be appointed one by the creditor one by
the debtor and one BY himself who shall be discreet
and dsinierested men, resident In the County, ana
shall be sworn by a Justice Of the Peace imparrally
to appraso and set of BY meteS and bounds Il home
stead the estate of the debtor such as he may Sc
lect not exceeding FIVE hundred dollars IN value
and the set of and assignment 50 made as Aforesaid
by the appraisers shall be returned by the sheriff.
along with the writ, for record III Court ana II no
complaint shall be made by either parry. no iiIleI
proceedings Shal! be had against lac homestead Oul
The REMINDER of the debtors land and tenemcntS, II
any more he shall have, shall be Liable To levy or safe
on execution III the same manner as heretofore pro-
vlGed by law provde ed that upon good cause shown
the Court out OF whch the writ issued may orGer a
redppraisemeht and redssignmcnt OF the homestead
either by the appraisers or others appointed Oy
the Court, and under such instructions as the lourt
may give and such appraSement shall be made and
returned to said Court a. aforesaid.
Sec a. When TIE homestead OF any head OF a iaInI-
w. being a debtor IN execution, shall CONSIST OF
house or house and lot of land, which in the opn-
ion of the appraisers cannot be divided without IN
Jury and Inconvenience, they shalI make ana sign an
appraisal of the whole value thereof, ana denver 'he
same 10 the officer having the execution, who snail
deliver copy thereof 10 the eexecutlondebtor or some
member of his family of sufficient age to understand
the nature thereof, with u notice Thereon atacheI'
that unless the execution DEBTOR snail pay 10 >'u ON
Ger the surplus over and above the hye huaireu uo
lars within sixty days thereafter. sald premises WI
be sold and in such surplus shall no, De ptld
officer TO advertise and sell the same al auction Dl
posting up notices of the time and place OF SAFE Win
a description Of the premises, IN two or more ol tne
most public places III the town Where the same Is s-
uate and a like notice in the next adjoining to"ll'
thirty days prior to the sale and out OF the proceeds
of such sale 10 pay the SAID execution deptor Win
the written coRSent of his wife, the sum OF h'e nun
dred dollars provided, however, II the VIE OF >uca
debtor shall not consent 10 such payment the SefH
or officer having such proceeds shall deposit sad sun
OF FIVE hundred dollars IN some savings lstlutio, ~
I, ,hp srelf n
ihe same NAV be Withdrawn therefrom only ny the
Joint order OF the husband and wife or by the sur1N
or in one should decease ana tne salne % s,a' f
exempt from attachment and levy OF execution Io
the term of one year from the time II shal Oe Pdlu
or deposited aforesaid And >aid sherin Oh oincei me-
shall apply the balance OF SAID proceeuS Oh tle =,
cutlon or so much thereof as shaIl pe heCesS"in "
SATISFY the same provided that no such SAFE sidii oe
made unless greater sum than hYe huiidLed 'lolai
shall be bid therefor, IN which case the onceI sal1
return the execution for want oil properly Win
certificate thereon OF his proc oceedlilss, d, , ,,5
SIC s. The provisions OF this act shaI ho' eA'Ia "a ~
,o any Judgment rendered on any CONTRACT hiau' pe
fore the taking effect Of tins act, or JudgnVml nv h
dered on any note or mortgage eXecuteu .! InS va.
debtor and his wife, nor any claim loi I'uo n - -
than one hundred dollars, nor to impair tle ne,r
BY mortgage of the vender loi ,lie oarhan,
OF the homestead in question, nor Ol Any nc S,a,e
! Nv cther ncrson under any statute Oh lh> 1td'o'
for any debt contracted for or IN aid OF lhe %
/ of the buildings, from the payment VI '"A' ~
I thereon. ,..,,,, h,. tho buS-
hand of anv property exempt and sci on a. III
said. shall be valid unless The vile JON IN tJ 49,
OF conveyance provided however sa lss mortgage
su~h homestead al the time OF The purchase 'HeIeo'
for the payment OF the purchase money no, he 50
SEC The provisions OF this act hs Icntv ng. Do pr
construed as TO affect any properly , circmmsan
chased by IA, debtor. when IN insolyenI
ca"S'N caS y Wv y. B. BAKER,
S-eolsy nj the House Of RcgreStfiLI' u %
JOHN ;. WELLS,
President Of the Se"afe
Approved July 4, ls5l. n,~SuooR corsrnor