St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1858-12-09
Homestead Exemp ion.

is, as we observe, quite diversity OF SEN
tlnent as to its justiceand propriety We
entertain the opinion that a rascal will
heat you exemption OF no exemption and
his law may shield honest debtors from
the severity Of unteeling creditors, until
such time as they can accumulate suti-
cheney to pay their entire indebtedness
At all events we can give it a fair trial !;
I'D II it dis1ppoints the expectations OF its
"ads it ca;s jc repealed.
Az ACT FOR ~ HOMESTEAD EXEMPTION.
4'e: it cnucte1 By the Legislature Of tie
Sttetteot -Htnnesott.:
Sec. l. That homestead consistin. ot
any quantity Of land, not exceeding eli ht y
acres, and the Dwelling house thereon ond
its appurtenanceb, to be selected by the
owner thereof, and not included in any in
corporated town plat, Or city or viii, ge.-
Or, instead thereof at the option OF the
owner, quantity Of land not exces ding in
amount one lot being within an IL corpora
ted town, city or village, and the dwelling
house thereon and its appulten:: aces, OWL
ed and occupied by any reside Mt 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
la the manner aforesaid, during the time
it shall be occupied by the widow, or mi
nor, child OF children Of any deceased
person WHO was when living er. titled to the
benefits Of TITS Act
Sec. Z. Such exemption shall not ex-
tend to any mortgage, there: N lawfully OBJ
talned, buS such mortgage, or other alien
alton, Of such land by the owner thereof. if
Il married man, shall not ! ,e 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
OF some portion thereof.
SEC: 8. Whenever levy shall he MADE
upon tie lands or ten ements Of a house.
h''Ide:, whose homes .tead has not been Sc
!ected and set apart. by metes and bounds,
>such householder may notify the officer at
The time OF maxim G such levy, Of what he
as his no nestead, vita descrip-
ton thereof, wit hin the limits above pre-
'stribcd, and IT, E remainder alone shall be
'sab)ect to sale under such levy.
SEC 4: r.: the plaintiff in execution
'.Eall be dlss: 4tisfed with the quantity of
sand so3ecte aud set apart as aforesaid,
the o1fcec making the levy shall cause the
salae to be. surveyed, beginning at point
to be deS .gnated by the owner, and set off
II a CT n pact form, Including the dwelling
ne'ssf nd its appurtenances, the amount
s}s*; Il u in the first section of this Act,
s e tie expense Of such survey shall be
"a n !eablc Oh the execution and collected
~ &, eupon.
SIC. 5. After the survey shall have
b' en- made, the officer making the levy
Ray sci! the property levied upon and not
INCLUDED in the set-of, in the same manner
rs provided IN other cases for the sale Of
real estate on execution, and in giving a
deco 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 set-otf as aforesaid.
SEC. G. ANY person owning and occu-
pylng any house or land not his own, and
claiming said house asa homestead, shall
Be entitled to the exemption aforesaid.
SEC. /. Nothing in this act shall be
considered as e1empting any real estate
rom taxation Or sale for taxes.
SEC. s. No property hereinafter mention
Vi or represented shall be liable to attach
ncnt, execution or sale, or any final process
.dsued from any court in this State:
First. The family bible.
second. Family pictures, school books
N library, and musical instruments for use
OF family.
Third. 4 seat or pew in any house or
lace Of public worship.
Fourth. 4 lot in any burial ground.
fifth: All wearing apparel Of the deb
tor and his family, all beds, bedstcads, and
bedding, kept and used by the debtor ard
his family; all stoves and appendascs put
up or kept for the use Of the debtor and
his family; all cooking utensils, and all 9TH
or houshold furniture not herein enuner-
atce, not exceeding Ave hundred dollars
n value,
Sixth. Three COWS, ten swine, ono yoke
oxen and one horse; or in lieu Of one
yoke Of oxen and q horse, span Of horses
or mul s; 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
nay choose; also, one wagon, cart Or dray,
me sleigh, two plows, one drag, and other
arming utensils, including tackle for teams,
notexceeding 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 |