St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1858-09-23

this law may shield honest debtors from
the severity Of unfeeling creditors, until
such time as they can accumulate sut6-
cheney to pay their entire indebtedness
At all events we can give it a fair trial ;
and if it disappoints the expectations Of its
friends it can be repealed.
AN ACT FOR A HOMESTEAD EXEMPTION.
Be 1t enacted by the Legislature q tie
State Of Minnesota
Sec. 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 in
corporated town plat, or city or village
Or, instead thereof at the option Of the
owner, a quantity Of land not exceeding in
amount one lot being within an incorpora-
ted town, city or.village, and the dwelling
house thereon and its appurtenances, own
ed and occupied by any resident Of this
State, shall not be subject to attachment,
levy or sale upon execution, or any other
process issuing out of any Court within
this State. This section shall be deemed
and construed to exempt such homestead
in the manner aforesaid, during the time
1t shall be occupied by the widow, or mi
nor, child Or children Of any deceased
person who was when living entitled to the
benefits of this Act.
SEC. 2. Such exemption shall not ex-
tend to any mortgage, thereon lawfully OBJ
tanned, but such mortgage, or other alien
alton, Of such land by the owner thereof, it
married man, shall not be valid without
the signature of the wife to the same, un-
less such mortgage ahall be given to Sc
cure the payment Of the purchase money
or some portion thereof.
Sec: 3. Whenever levy shall be maize
upon the lands OF tenements Of house.
holder, whose homestead has not been Sc
lected and set apart by metes and bounds,
such householder may notify the officer /:
the time Of making such levy, Of what he
regards as his homestead, witt a descrip-
ton thereof, within the limits above pre-
scribed. and the remainder alone shall be
subject to sale under such levy.
SEC. 4. If the plaintiff in execution
shall be dissatisfied with the quantity Of
land selected and set apart as aforesaid,
the officer making the levy shall cause the
same to be surveyed, beginning at point
70 be designated BY the evaer, aud set of
IN compact form, including the dwelling
house and its appurtenances, the amount
specified in the first section Of this Act,
and the expense Of such survey shall be
chscgeablc On the execution and collected
thereupcn.
SEC. 5. After the survey shall have
been made, the officer making the levy
may sell the property levied upon and not
included in the set-of, in the same manner
as provided in other cases for the sale of
real estate on execution, and in giving a
deed Of the same, he may describe it &C.
ooroing to his original levy, excepting
therefrom by metes and bounds, according
20 the certificate of The survey, the quaint
~ set-otf as aforesaid.
Sec. g. Any person owning and occu-
plying any house or land not his own and
claiming said house hsa homestead, shall
be entitled to the eze mption aforesaid.
Sec. 7. Nothing in this act shall be
considered as exenpting any real estate
from taxation or saE for taxes.
SEC. 8. NoproperB hereinafter mention
ed or represented shall be liable to attach
ment, execution or sie, or any final process
issued from any cout in this State:
First. The famif bible.
Second. Family pictures, school books
o.; library, aud must al instruments for use
of family.
Third. A seat O, pew in any house or
place of public worship.
Fourth. A lot many burial ground.
Fifth. All wearing apparel Of the deb
tor and his family, 81 beds, bedsteads, and
bedding, kept and u ed by the debtor and
his family; all stoves and appendages put
up or kept for the lse of the debtor and
his family; all cooking utensils, and all 9TH
er HOUSEHOLD furnitur not herein enumer-
ated. not exceedingIdye hundred dollars
in value.
Sixth. Thr:e COW, ten swine, one yoke
Of oxen, and one ht se; or in lieu Of one
yoke of oxen AMI q larse, spsn of horses
az a: mules: twenty shop and the wool from
the same, either ia|the raw material or
manufactured into prn or cloth; the nec-
essary food for all lie stock mentioned in
tnls section TOR one years. support, either
PROVIDED or growing or both, as the debtor
may caoose; also, on| wagon, cart or dray,
one sleigh, two plowl one drag, and other
farming utensils, intldding tackle for teams,
notexceedilg three h,nl red dollars in value,
Seventh. Provisions for the debtor and
his hi, family necessary fsr pe years support,
either provided or growing, or both, and
fuel necessary for one yeaK
Eighth. The tools and Instruments OF
any mechanic; miner ~ sshsx person, used
and kept for the psspose o&earryine on |
his trade or business, and in addition there.
to stock in trade not exceeding four h,n-
Grod 1n1Iors IL \ 7