The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-06-26
AN ACT
To Exempt certain Properly from Execution and
Attaehme1i.
Be It enacted By the Governor and Lesissa-
AN ACT

Be It enacted by the Governor and Iegista-'
tise 4ssenbly of the Territory Of kansas:
SECTION 1. That homestead, consist.
ing of any quantity Of land not exceeding
one hundred and sixty acres, and for agri-
cultural or horticultural purposes, and the
dwelling house thereon, and It's appur-
tenances, to be selected by the owner
thereof, and not included in any town plot
or city or village; or, instead thereof, at
the option of the owner, q quantity OF
land not exceeding one-hah OF an acre
being within the plat of any town or city
or village, and the dwelling house thereon,
with its appurtenances, owned and occu-
pied by any resident OF this Territory,
shall not be subject 70 forced sale or exe-
cution, or any final process from any court,
for any debt or liability contracted al any
time before the passage of this Act.
SEC. 2. That such exemption shall not
effect any laborer's or mechanics hen, or
extend to any mortgage thereon lawfully
obtained, but such mortgage or other alien
alton of such land by the owner thereof,
if married man, shall not Be Udiid tOits-
ota the signature of the svife to The same;
but nothing in this section contained shall
be so construed as to effect the validity OF
any mortgage secured before the passage
| of this Act, and nothing contained IN this
Act shall be so construed as to effect the
validity of any promissory note, bond or
other security, for the collateral security
of which any such mortgage may have
been given.
SEC. 3. That whenever q levy shall be
made upon the lands or tenements OF
household, whose homestead has not been
selected and set apart by metes and
bounds, such householders may notify the
officer at the time of making such levy,
or at any time previous to the day OF the
sale of such property, or what he regards
as his homestead, with description
thereof, within the limits above presented,
and the remainder alone shall be subject
to sale under such levy.
Sec. 4. That if the plaintiff, in execu-
| ton, shall be dissatisfied with the quantity
of land selected and set apart as aforesaid,
the officer making such levy shall cause
the same to be surveyed, beginning at q
point to be designated by the owner, and
set off in compact form, including the
dwelling house and its sppurtenances, to
the amount specified in the first section OF
this Act, and the expenses of such sur
vey shall be chargable on the execution
and collected thereupon, if it shall appear
after such survey that the owner of said
land did not correctly state his metes and
bounds; otherwise the expense OF survey
shall be borne by the person or persons
directing the same.
SEC. 5. After the survey shall have
been made, the officer making the levy
may proceed to sell that portion OF the
property so levied upon, if any there shall
be found, to be in the same manner dis
posed os Jas provided in other cases for
/ the sale of real estate on execution.
SEC. 6. That any person owning and
occupying any dwelling house or land not
his own, which land he shall be rightfully
in possession of, by lease or otherwise,
and claiming said home as his homestead,
shall be entitled to the exemption OF such
house and such lease, or other title to such
land.
4 SEC. z. That nothing in this Act shall
be SO construed as to exempt any real
estate or personal property from taxation
or sale for taxes.
| SEC. 8. That no property hereinafter
} mentioned, shall be liable to attachment,
execution or sale, on any final process
issued from any court of this Territory,
except for taxes, l. The family library,
family Bible and all school books and
family pictures. 2. A seat or pew in
house or place of public worship. 3. The
r;tes of hnriaI of the dead. 4. All wear
i ing apparel of the debtor and his family,
ali cooking utensils and all other kitchen
and household furniture not herein emu
merated, not exceeding three hundred
dollars in value.
Il SEC. 9. That two cows. twelve hogs,
twelve sheep, and also the wool from the
same. and ali yarn and cloth manufactured
for the use of the family, one yoke OF oxen
and one horse, or in lien thereof, span
of horses. the necessary food for all the
J stock mentioned in this section, Tor one
wears support, either provided or grow
J mo or both. as the debtor may choose;
also. one wagon, cart or dray. oas sleigh,
two plows. one drag and other farming
utensils. including tackle for teams not
J exceeding one hundred dollars ID value.
i SEC. 10. That the provisions for the
debtor and his family, necessary for one
wears support, either provided or growing,
on both, and fuel necessary for the same ior
one year.
ments. or stock in trade Of any mechanic,
minor or other person ofpersons, and kept
: for the purpose Of carrying On his trade
or business. not exceeding three hundred
dollars in value, the library and imple-
ments of any professional man not ex-
ceeding FIVE hundred dollars IN value; and
; in addition to library e. aforesaid,
any professional man may have and keep
D TO use in. the exercise of his profession
one horse and buggy and houses, ali o
D which articles hereinbefoTe intended to d
exempted, shall be chesenby the debtor, m
agent, attorney or legal representative.
. SEC. u. That is any case wherein ans
n property claimed as exempted unaef sns
: provisions of this Act, shall be seized oi
: execution OF attachment, the descendant Il
such process. shall be entitled to his prpos
writ Of repleYin, trespass or otherwise, z
! | try the title to the same OF 20 recovef Ia
u sSo I3 The benefit Of this Act shal
not extend to any sdninistratof, sxecuto
: or guardian. or 10 any ether person
I. y nersons acting in residuary capacity, Q
N 20 their securities. -
u sEr IA This Act shall be m force iron
s and after its passage, sGd 81 acts OF psfi
= of acts conflicting with this Acts are mere
w Dy LePeate1 nExrzI rp