Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1858-08-21
NUMBER ~.
An Act for a Homestead Exemption.
BE Enacted by tho Legislature Of tie State
vs. of Minmss0tn .-tf ., .-.

An Act for Homestead Exemption.
BE Enacted by the Legislature Of tie State
~ Of minnesota ~ s9 9, .a.a
SECTION l. That homestead consisting
OF any quantity of land, not exceeding eighty
acres, and the dwelling house thereon and its
appurtenances, to be selected by the owner
thereof, and not included in any Incorporated
town plat, or city or village. Or, instead
thereof at the option of the owner. q ouanti-
ty of land not exceeding in amount one lot
being within an Incorporated town, city or
village, and the dweliiog house thereon and
its appurtenances, owned and occupied by any
resident of this State, shall not be subject to
attachment, levy or sale, upon any execution,
or any other process issuing out of any Court
within this State. This section shall be
deemed and construed to exempt such home
stead in the manner aforesaid, during the time
it shall be occupied by the widow, or minor
child or children of any deceased person who
was when living entitled to the benefits of
this Act.
SEC. z. Such exemption shall not extend
to any mortgage thereon lawfully obtained,
but such mortgage, or other alienation of such
land by the owner thereof, if married man,
shall not be valid without the signature of
the wife to the same, unless such mortgage
shall be given to secure the payment of the
purchase money or some portion thereof
SEC. 3. Whenever q levy shall be made
upon the lands or tenements of household
er, whose homestead has MT been selected and
set apart by metes and bounds, such house,
holder may notify the officer at the time of
making such levy, of what he regards as his
homestead, with description thereof, within
the limits above prescribed, and the remain-
der alone shall be subject to sale under such
levy.
Sec. 4. If the plaintiff in execution shall
be dissatisfied with the quantity of land sc.
lected and set apart as aforesaid, the officer
making the levy shall cause the same to be
surveyed, beginning at point to be designa-
ted by the owner, and set of in a compact
form, including the dwelling house and its ap.
purtenances. the amount specified in the first
section of this Act, and the expense of such
survey shall be chargeable on the execution
and collected thereupon.
Sec. s. After the survey shall have been
made, the officer making tie levy may sell the
property levied upon and not included in the
set off, in the same manner as provided in
other cases for the sale of real estate on exc.
cution, and in giving deed of the same, he
may describe it according to his original levy,
excepting therefrOm by metes and bounds,
according to the certificate of the survey, the
quantity set off as aforesaid.
SEC. 6. Any person owning and occupy
ing any house or land not hrs own, and claim.
ing said house as a homestead, shall be enti-
tied to the exemption aforesaid.
SEC. Z. Nothing in this Act shall be con-
sidered as exempting any real estate from
taxation or sale for taxes.
Sec. 8. No pr perty hereinafter mention
ed or represented shall be liable to attach
ment, execution or sale. or any final process
issued from any Court in this State:
First. The family bible.
Second Family pictures, shool books or
library, and musical instruments for use of
family.
Third. A seat or pew in any house or
place of public worship.
Fourth. A lot in any burial ground.
Fifth. All wearing apparel Of the debtor
aud his family, all beds, bedsteads, and bed
ding, kept and used by the debtor and his fam
lily !; all stoves and appendages put up or kept
for the use of tho debtor and his family all
cooking utensils, and all other household fur
niture not herein enumerated, not exceeding
five hundred dollars in value
Sixth. Three cows, ten swine, one yoke of
oxen, and one horse; or in lieu of one yoke
of oxen and horse, a span of horses or
mules twenty sheep and the wool from the
same, either in the raw material or manufac-
tnrcd into yarn or cloth the necessary food
for all she stock mentioned in this section for
one years support, either provided or grow
ing, or both, as the debtor may choose also,
one wagon, cart or dray, one sleigh, two
plows. one drag, and other farming utensils,
including tackle for teams, not exceeding
three hundred dollars in value
Seventh. Provisions for the debtor and
his family necessary for one years support,
either provided or growing, or both, and fuel
necessary for one year.
Eighth. The tools and instruments of any
mechanic, miner or other person, used or
kept for the purpose of carrying on his trade
or business and in addition thereto stock in
trade not exceeding four hundred dollars in
value the library and implements Of any pro-
fessiOnal man all of which articles hereinbe-
fore intended to be exempt shall be chosen
by the debtor, his agent, clerk, or legal rep
resentatve, as the case may be.
SEC. 9. Nothing in this act shall be so
construed as to exempt any property in this
State from execution, or attachment, for
clerks, laborers or mechanics wages.
SEC. 10. All laws Inconsistent with the
of this Act are hereby repealed.
SEC. IL. This act shall take effect from
and after its passage.