St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1858-11-11
Homestead EXeO1p ion.


'>heat you exemption or no exemption and
Ibis law may shield hone, t debtors from
the severity Of unfolding creditors, until
such time as they can acc Emulate :; sut-
cheney to pay their entire Indebtedness
AZ all events we can give it 4 fair trial !;
nd if it disap points the ez pectations ofits
ends it can lie repealed
AN ACT FOR a HoMEsrEA I.EXENpT1oN. !
Be It enacted by Me Iey 3;<}uturc Of the
Stafeof 4Htuncso,'u:
SEC. l. That a homestead consistn. Of
any quantity Of land, not cx ceedinY eighty
acres, and the dwelling hous thereon and
Its appurtcnances, to be SCI ccted l.; the
owner thereof, and not inclu lied in any in
corporated town plat, Or city or vilaGe.-j
Or, instead thereof at the ,ption OF the
owner, quantity Of land moi exceeding III
amount one lot being within an incorror,-
ted town, city or village, and the dwelling
house thereon and its appur5t ,nanccs, own
I'D and occupied by any resi- dent Of this
S'cte, shall not be subject to attachment,
:levy or sale upon cxccution,o II any other
process issuing out of any court within
this State. This section shall l. be deemed
and construed to exempt suc homestead
IN the manner aforesaid, duli 3g Tie time
1t shall be occupied by the wi dow, or an
nor, child o., children Of ny deceased
person who was when livinge mt led t. the
benefits Of t. is Act
SIC. 2. Sus III exemption shall not 2x-
tend to any mo rtgage, thereo II lawfully oN
tanned, but sue b mortgage, . other alien
alton, OF such and by the ov mcr thereof, if
a married man, shall not be valid without
the signature + the wife to the Ha:Hv, un-
less such mort; ;age ahall be given to Sc
cure the PAYNE mt Of the p archase money
or some portion / thereof.
Sec. 8. u: hcnever a le ~ shall be made
upon the land ; or tcnemer t. Of a house
holder, whose homestead las not been Sc
Aected and set apart by FL ties and bounds,
such houschc ller may not ;fy the officer 1t
the time of Il taking such levy, q what he
regards as h: homestead; vita { dcscr;l>-
ton thereof, within the limits above pre-
: scr1bed, and the remand er alone shall be
subject to $ ale under sue levy.
SEC. /. IF the plau tiff in execution
nall be di: satisfied witt the quantity ct
lana select ed and set apart as aforesaid,
the 01ncer making the levy shall cause TIC
,<sa2lc to b< surveyed, b c:Slnnny At . poil:t
to be DIES: grated by til . ovuc", and So; eli
IT. 1 com ,sct form, inc l:uding The dwelling
!Aouse ar it's appurtel .ances, the amount
specified in the first St :ction Of this Az
and the expense Of su III survey shall he
charged bic on the exc :ution and collected
thereby )on,
SEC. s. After the: survey shall have
been mlc, the ofhc' y making the levy
may s ell the property levied upon and not
inclu led in the set:ot I, in the same manner
as pr yided in other c2.ses for the sale CT
real estate on execution, and in giving q
deed Of the same, he may describe it &C
core ING to his origin;ll levy, cxc2; ting
thel efrcm by metes and bounds, according
aot be certificate Of the survey, the quaiti-
ty ;ct-oHf as aforesaid
SEC. g. ANY person. owning and occa-
py ing any house or land not his OVID, and
Gle lining said house as a homestead. shall
be. entitled to the exemption Aforesaid
Sec. l. Nothing in this act shall be
onsidc1ed as e1empt;n5; any real estate
rom taxation or sale for taxes.
Sec. s. No property hereinafter mention
cd or represented shall be liable to att,cl,-
ment, execution Or SALE Or any final process:
issued from any court in this st. te:
First. The family bible.
Second. Family pictures, sci Dol books
or library, and musical instrunen is 20: u$t
Of family.
Third. a sea- or pew in any house Q;
place of public worship
Fourth. I, lot in an burial {. round
Fifth. ali wearing apparel d the deb
tor and his family, all beds, bedst eads, a!,t
Seeding. kept and used by the debtor ant
IBIS family; all stoves and append ages pu
up or kept for the use of The d. btor ant
1his family; all cooking utensils, a1,l all 9th
er houshcld furniture not herein cnuncr
atcd, oct exceeding five hundred collar:
in value
Sixth Three COWS, ten swinc, one yol,t
Of oxen, and one horse; or in lieu CT one
woke Of oxen and horse. a span Of horses
or mules; twenty sheep and the wool iron
the same, either in the raw material Oh
manufactured into yarn or cloth; the l,ec
essary food for all the stock mentioned in
this section for one yours support, cithcl
provided Or growing, OF both, as the dc OTTO,
may choose; also, one wagon, cart or dray
one sleigh, two plows, one drag, and othc1
farming utensils, including tackle for teams
notexcecdin<, 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
any mechanic, miner Or other person, used
and kept for the purpose Of carrying on
his trade or business, and in addition thcro-