St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1858-10-07
Homestead Exemption.

-, t'o w 8oOSSASS3 lAAoS' g AANGAnAoy " ooA-
timent as to its justice md propriety. We
entertain the opinion that Il rascal viii
heat you exemption or no exemption and
his law may shield honest debtors from
the severity Of unfeeling creditors, until
such time as they can accumulate a sufti-
cheney to pay their entire Indebtedness.
At all events we can give it a fair trial
nd if it disappoints the expectations GIFTS
lends it can be repealed, s ...;.. ,..,.SS,
AN act FOR A HOMESTEAD EXEMPTION.
BE it enucted by the Legislature IF the
Stateof Minnesota tea 4&
SEC. l. That homestead consisting Of
any quantity of land, not exceeding eighty
acres, and the dwelling house thereon and
its appurtcnances, 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, quantity Of land not exceedingin
amount one lot being within an incorpora-
ted town, city Or village, and the dwelling
'heuse thereon and its appurtenances, own
ed and occupied by any resident Of this
Site, 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
it 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 It's Act. 49,. ..s.>
SEC. 2. Such exemption shall not ex@
tend to any mortgage, thereon lawful yob-
tanned, but such mortgage, or other alien
alton, Of such land by the owner thereof, if
/. 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. 20. '..-.>>' +"
SEC, 8. Whenever levy shall be made
upon the lands or tenements of a house
holder, whose homestead has not been Sc
lectcd and set apart by metes and bounds,
such householder may notify the officer a.
the time Of making such levy, Of what he
regards as his homestead, vita descrip-
ton thereof, within the limits above pre-
scribed, and the remainder alone shall be
subject to sale under such levy. y
Sec. /. 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.a point
to be designated By the owner, and set off
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
chargeable on the execution and collected
thercupon.
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 ac-
cording to his; original levy, excepting
therefrom by metes and bounds, according
20 the certificate Of the survey, the quanti-
ty setrotf as aforesaid. >nf1tr%=Es
SEC. e. Any person owning and occu-
plying any house or land not his own, and
claiming said house asa homestead, shall
be entitled to the exemption aforesaid.
Sec. Z. Nothing in this act shall be
considered as exe1npting any real estate
from taxation or sale for taxes csss &.
Sec. s. Improperly 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: s4@
First. The family bible v.>
Second. Family pictures, school books
or library, and musical instruments for use
of family. . ..> .&.-s r = ),
Third. A seat or pew in any house or
place Of public worship. ....s.#,... "a,
Fourth. A lot in any burial ground.
Fifth. All wearing apparel Of the deb
tor and his family, all beds, bedsteads, and
bedding. kept and used by the debtor and
his family; all stoves and appendages put
up or kept for the use of the debtor and
his family; all cooking utensils, and all 9th
er HOUSEHOLD furniture not herein enulner-
ated, not exceeding five hundred dollars
in value f5..s: d
Sixth Three COWS, ten swine, one yoke
Of oxen, and one horse; or in lieu of one
yoke Of oxen and horse, span Of horses
OF mules; twenty sheep and the wool from,
the same, either in the raw material Or
manufactured into yarn or cloth; the nee
essary food for all the stock mentioned in
this section for one years support, either
provided or growing, or both, as the debtor
may choose; also, one wagon, cart or dray,
one sleigh, two plows, ope drag, and other
farming utensils, including tackle for teams,
notexceeding three hundred GLARS in value.
Seventh. Provisions for the debtor and
his family necessary for one years support,
either provided OF. growing, Or botD, and
fuel necessary for one year.
Eighth, The tools and instruments OF
Il -