The Shasta courier. [volume] (Shasta, Calif.) 1852-1872, 1853-03-12
The Homestead Law.

blessed with a homestead iaW-Of a law eAeLiPt-
ing from forced sale the homestead Of heads of
families, thus securing to the wife and children,
or other dependent persons, a comfortable home,
let the father or other protector be as IMPROVE
dent or unfortunate as they may. just and
equitable law of this character, is one of the
proudest evidences of the enlightened spirit OF
modern legislation--the brightest ornament that
adorns the statute books of the present age.
The California Homestead law, passed April
81, 1851, although in the main just has yet in
some respects proved defective and unsatisfac-
tory. We have frequently heard of instances
where it worked injury to parties, without at all
accomplishing the real object of the law-the
securing of home to the helpless and depen-
Senator Sprague has introduced into the Senate
the following amendments to the law of April
81, 1851:
7h- people of the State of California, represented
an Senate and assembly, do enact as follocs:
Sec 1. Section first OF an act entitled an Act
to exempt the Homestead and other property
from forced sale i'll certain cases, passed April
81, 1851" is amended SO as to read as follows:
L.
or equitable title, or a possessory claim to a
quantity of land, together with the dwelling
house thereon and its appurtenances, in the pos
session and occupancy of the owner thereof, as
his or her family residence and home, not ex-
ceeding In value the sum of five thousand dol
lars, shall not be subject to forced sale on execu
ton or other final process from any court for amy
debt or liability contracted or incurred after the
2lst day OF May, A. d. 1851, or if contracted or
this State: Provided, that the exemption as pro-
vided in this act shall not extend to unmarried
persons. or to married persons not living with
their wives or husbands, except when they
have charge of minor brothers or sisters, or
both, or brothers sisters minor children, or
their own children, OF mother or unmarried
sisters, living in the house with them: Provi-
ded, also, when homestead has once been set
apart by the owner thereof under the provisions
of this act, the same shall continne exempt so
long as it continues the property of the party
originally setting it apart and claiming as a
homestead.
Sec. 9. Section ten of said act is amended so
as to read as follows: Sec. 10. The homestead
and other property by this act exempted from
forced sale upon the death of the head of the
family shall be set apart by the Probate Court
for the surviving wife and his legitimate chill
dren, for the next heir at law
after the first day of May, A. D. 1858.
We confess that we have not given this mat
ter that thorough investigation that its impor-
lance deserves, and will therefore take occasion
hereafter to speak upon The subject more adj
visedly. twill be perceived that the proposed
amendment to the first section, makes it neces-
sary, in order that the homestead be exempt
from forced sale, that it shall be /" in the posses
sion and occupancy of the owner thereof"
most wise and salutary provision.
The proposed amendment to the 10th section
we consider equally defective with the original.
They each provide that the homestead "upon
the death of the head of the family. shall be set
apart by the Probate Court for the surviving
wife and his legitimate children, and in case Of
no surviving wife or legitimate children, for the
next heir at law"
If we understand the object of the law, it is
to secure TO certain persons beyond all contin-
gency, a family residence and home not exceed
ing in value the sum of FIVE thousand dollars-a
home for the wife and legitimate children-and
for families consisting of &c minor brothers or sis
tcrS, Or DOtH, OF DTOttlerS OF SISTERS minor cul-
dren, or their own children, or mother or un-
married sister living in the house with the owner
thereof" But this amendment, as well as the
original, provides that, if none of these parties
in existence at the time of the demise of -
head of hefamily, then the homestead 81
set apart by the Probate Court for "the "a
at laac." 1t would be decidedly more equi{
to provide, if none of the parties, to protect
whom the object Of the law processes to be, are
in existence at the time of the death of the head
of the family, that then the homestead be subject
to forced sale on execution other final process
from any Court for any debt or liability contract
ed or incurred" at any time; otherwise the home
stead may be sold for the benefit of the next
heir at law-possibly distant and opulent rela-
tive residing in another State, while the creditor
and neighbor of the deceased owner of the
homestead is left to suffer-