The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-04
The Homestead Law.

has been heretofore made as before the leg.
islature, and which passed the Senate three
weeks since, has received due cousdera-
tiou and undergone iull discussion in the
House. The tone of the discussion indi-
Gates that there was no difference of opinion
among the members Us to the propriety of
passing homestead law. but the main point
to be decided was whether the exemption
should be on the basis Of area or valuation.
The majority Of the House, however. fully
concurred in the view taken by the Senate,
that the true principle of homestead exemp
ton, was to make the home the iIrtng place
Of the family secure to the family and they
therefore adopted the ARA principle
For the purpose CT informing our readers
of the provisions of the bill, as II will pro-
baby be enacted into law, and to call the
attention Of the friends Of the measure 10
an amendment adopted by the House, which
ought not to be allowed in the bill, we sub
Join an abstract Of the bill as il now stands
amended in the House.
The homestead 10 be- exempted from ex-
ccution may consist Of any quantity of land
not exceeding one hundred and sixty acres,
used for agricultural purposes, and the dwell
ling house aud other necessary buildings
thereon or il in town, lot ef land not
TO exceed forty Thousand square fee, NEARLY
an acre Of grornd) with the dwelling house
and its necessary appurtenanccs, both to BE-
occupied by the owner and his or her fam
lily, and to be considered the dwelling place
of the family But this property is not to
be exempted from sale on execution for the
wages of any clerk, laborcr, or mechanic
uor for any mortgage lawfully obtained for
the purchase money Of the land or lot. A
married man may, with the consent OF his
wife, and by obtaining her signature, mort
gage the homestead but on foreclosure the
officer making the sale must sell according
to the legal subdivision. and only so much
as may be necessary 10 satisfy the mortgage,
leaving that portion Of the land whereon the
dwelling house is built TO be sold last. Up
on an execution issued from any Court upon
judgment previously obtained, the house
holder against whom the judgment is issued
is required to notify the officer in writing
what he claims ~ his homestead, with de-
scription of the same within the limits pre-
scribei and If there be any more land he
longing to the householder, ii is To he sub
Jet to levy. In the event Of plaintiff be-
ing dissatisfied with the amount Of land
, claimed, the officer holding the execution
? shall cause the land TO be surveyed, and i
il exceeds the amount TO which the house
holder is entitled, the costs Of survey are 3,
be charged TO the householder, otherwise %
be paid by the plaintiff
On the death of q householder, the widow
or minor children can hold the homestead,
by giving notice TO The administrators or ex-
ecutors, and by furnishing a description
Of the land and dwelling claimed Us u home
stead and the property shall remain exempt
from sale by administrators or executors
70 long Us any unmarried minor child on
children shall reside thereon, although thu
widow may have previously died and i
the parent. being the owner of homestead
shall have left no wife or husband surviving
the minor child or children are entitled n
hold the same 80 long az they reside during
their minority upon the homestead.
The dwelling house and appurtenanccs d
} any householder, used by him or her a. a
home, and built upon leased ground, il also
made exempt
The real estate exempt by this act, from
execution, is not exempt iIom sale for taxes
The exemption Of personal property con
sis,s Of all books, musical instruments and
family pictures; pew in church; burial
lot, all wearing apparel, stoves; cooking
= utensils; and household articles not enune
, rated, not exceeding 10 value three hundred
, dollars. Also, the tools and implements Of
, any mechanic, minor, or other person who
/. n householder, and three hundred dollars
, worth Of -tock 10 trade; and the library and
instruments Of any professional man. Aho
provisions and fuel Tor the debtor, and biz
family, for one year; and all seeds necessary
for the cultivation of the homestead.
The bill a. i, passad the Senate, male
thee exemptions, particularly Ds the farmer;
Two cows. tn swine one yoke Of oxen and
two horses, or IN lieu q yoke Of oxen ano
,her horse, tn sheep, and the wool from tb'
zane the necessary food tm one years sup
port fr all this stock and wagon or dray
m. sleivh two f,,ow. one drag and Other