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


>heat you exemption or no exemption and
Ibis law may shield hone. st debtors from
the severity Of unfeeling creditors, until
such time as they can acc emulate sutlii-
clency to pay their entire indebtedness
Az all events we can give it a fair trial
nd it it disappoint the e1 pectations Gifts
ends it can lie repealed.
AN ACT FOR a HoMEsrEA l. ExEMpT1oN
BE 1t enacted by the Leg 9auturc Of the
Statecf Minnesota:
SEC. l. That homestead consisting Of
any quantity of land, not ex ceeding eli hty
acres and the dwelling hous e thereon and
It's appurtenances, to be sci ccted by the
owner thereof, and not inclu ded in any in
corporated town plat, or city or village
Or, instead thereof at the ption Of the
owner, quantity Of land moi exceeding in
amount one lot being within an incorpora-
ted town, city or village, and the dwelling
house thereon and its appur5t ,nances, own
<ed and occupied by any resi- dent of this
State, shall not be subject to attachment,
:levy or sale upon execution, any other
process issuing out Of any { court within
this State. This section shall be deemed
and construed to exempt sucl homestead
in the manner aforesaid, duri1 1g the time
1t shall be occupied by the wi dow, or mi
nor, child OF children Of ny deceased
person who was when ivinge ntit!ed to the
benefits Of t:.is Act.
Sec. 2. Such exemption shall not ex-
tend to any mo rtgage, thereo II lawfully oi,-
tanned, but sue h mortgage, . other alien
alton, Of such and by the ov mer thereof, if
a married man, shall not be valid without
the signature f the wife to the same, un-
less such mort; rage ahall be given to Sc
cure the payne mt Of the p archase money
or some porto: thereof.
Sec. 8. " henever a le ~ shall be made
upon the land; or tenemer IS of a house
holder, whose homestead las not been Sc
lected and set apart by III ,tes and bounds,
such househo lder may moi ify the officer at
'he time Of laking such levy, Of what he
regards as h; homestead. vita {; descrin-
ton thereof, within the limits above pre-
: scribed, and the remand er alone shall be
subject to S ale under sue levy.
SEC. 1. IF the plau tiff in execution
nall be dlS satisfied witt the quantity CT
land select ed and set apart as aforesaid,
the 01hcer making the levy shall cause the
>sanle to be surveyed, b c:ginning at point
to be desi grated by tn owner, and Sc; eff
: ~ a conn 9sct form, inc luding the dwelling
'louse an d its appurte] l.ances, the amount
specified In the first 81 ,ction of this Act,
and the expense Of su III survey shall be
charged bic On the exc :ution and collected
thercul }on*
SEC. 5. After the survey shall have
been 1adc, the ofic' ,r making the levy
may s ell the property Levied upon and not
inclu led in the set-o1 T, in the same manner
as pr vided in other crises for the sale Of
real estate on execut:io u, and in giving a.
deed of the same, he MAY describe it &C.
cord ing to his origin;ll levy, excepting
the1 efrom by metes anil bounds, according
aot he certificate Of the survey, the quanti-
ty ,ct-off as aforesaid
SEC. g. Any perso1, owning and occu-
Ply: ing any house Or land not his own, and
Gle lining said house as a homestead. shall
be entitled to the exemption aforesaid
Sec. 7. Nothing in this act shall be
c onside7ed as exempting any real estate
I rom taxation or sale for taxes
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:
First. The family bible
Second Family pictures, school books
or library, and musical instrument is for use
of family.
Third. A seat or pew in am house or
place of public worship.
Fourth. a lot in any burial g round
Fifth. all wearing apparel Of the deb
ter and his family, all beds, bedst eads, and
Seeding. kept and used by the d cbtor and
Ills family; all stoves and append:ages put
;,lp or kept for the use of the debtor and
shis family; all cooking utensils, arla all 9TH
er houshold furniture not herein enumer~
ated, not exceeding five hundred dollars
in value.
Sixth. Three COWS, ten swine, one yoke
Of oxen, and one horse; Or in lieu CT one
woke of oxen and a horse. span Of horses
or mules; twenty sheep and the wool from
the same, either in the raw material or
manufactured into yarn or cloth; the laec-
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 draw,
one sleigh, two plows, one drag, and therr
farming utensils, including tackle for TEL ms,
notexceedins 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