St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1858-11-25
Homestead ExeInp ion.

Steau exemption Dill OF minnesota. There
is, as we observe, quite u diversity Of SEN
timent as to its justice and propriety. We
entertain the opinion that !. rascal Will
>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 sutfi-
cheney to pay their entire indebtedpess.-
At all events we can give it a fair trial;
nd if it disappoints the expectations Of its
ends it can be repealed
AN ACT FOR A HOMESTEAD, EXEMPTION.
Be 1t enacted By the Legislature Of TIC
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, 4 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 amy resident OF this
State, shall not be subject to attachment,
levy or sale upon execution, CT 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 this Act.
Sec. 2. Such exemption shall not ex-
send to any mortgage, thereon lawfully OBJ
'Sained, but such mortgage, Or other alien
alton, Of such land by the owner thereof, if
q married man, shall not be valid without
the signature Of the wife to the same, I'M
less such mortgage ahall be given 70 Sc
cure the payment of the purchase money
or some portion thereof.
Sec. 3. Whenever levy shall be made
upon the lands Or tenements Of a house.
holder, whose homestead has not been Sc
lected and set apart BY metes and bounds,
such householder may notify the officer at
the time OF making such levy, of what he
regards as his homestead, with 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
hall 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
an a 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
thereupon. .;t~
SEC. 5. After the survey shall have
been made, the officer making the lew
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 CT
real estate on execution, and in giving
deed OF the same, he may describe it ac-
cordlns to his original levy excepting
theretrom by metes and bounds, according
20 the certificate Of the survey, the quanti-
ty set-of as aforesaid.
SEC. g. Any person owning and occu-
plying any house OF 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 exempting any real estate
from taxation or sale for taxes.
SEC. s. property hereinafter mention
ca or represented shall be liable to attach
ment, execution or sale, OF any final process
issued from any court in this State:
First. The family bible
Second. Family pictures, school books
orelibrary, 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 deb
tor and his family, all beds, bedstcaas, ard
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
erE houshoid furniture not herein enuner-
ated, not exceeding FIVE hundred dollars
in value
Sixth. Three cows, ten swine, one yoke
oxen and one. horse; or in lieu Of one
yoke Of oxen and a horse, span Of horses
Of mul $; twenty sheepan the wool from
the same, either in the raw material or
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, one drag, and other
farming utensils, including tackle for teams,
notexoeeding three hundred dollars in value.
Seventh. Provisions for the debtor and
BIG family necessary for one years support,
either provided Or growing, Or both, and
Fael necessary for one year.
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