St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1858-10-21
Homestead Exemption.

&lMcht aS to It's )uStice ana PROPHECY. we
entertain the opinion that :. rascal will !
>,eat you exemption or no exemption and j
his law may shield honest debtors from
The severity Of untecling creditors, until
such time as they can accumulate suth-
cheney to pay their entire indebtedness
At all events We can give it 4 fair trial;
nd if it disappo;nts the expectations of its !
ends it can be repealed.
AN ACT FOR \ HOMESTEAD EXEMPTION.
he it enacted by the Legislature Of the
.Sluteof jMirnesota
SEC l, That homestead listing Of
amy quantity Of land, not exceeding eighty
acres, and the dwelling house thereon and
its appurtcnances, 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, a 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
el and occupied by any resident OF this
St,te, shall not be subject to attachment
levy or sale upon execution, Or amy other
process issuing out Of any Court within
this State. This section shall be deemed
and construed to exempt such homestead
10 tho 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 tais Act.
Sec. ?. Such exemption shall not cx-
tend to any mortgage, thereon lawfully OBJ
tanned, but such mortgage, or other alien
alton, of such land by the owner thereof, if
u married man, shall not be valid without
the signature Of the wife to the same, I'M
less such mortgage ahall be given to Sc
cure the payment Of the purchase money
or some portion thereof
SEC. 3. Whenever levy shallb be made
upon the lands or tencments Of house
holder, whose homestead has not been Sc
lcctcl and set apart by lnctes and bounds,
such householder mag notify the officer
The time Of making such levy, Of what he
regards as his homestead. with a descrip-
ton thereof, within the limits above pre-
SCR bed. and the remainder alone shall be
subject to sale under such levy
SEC. i. 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
IN a compact form, including the dwelling
house and its appurtenances, the amount
specified in the first section Of this Act,
aad the expense of such survey shall be
charyeablc on the execution and collected
therc1pon.
SEC. 3. After the survey shall have
been made, the officer making the levy
may sell the property levied upon and not
included in the set-otf, in the same manner
AZ provided in other cases for the sale of
real estate on execution, and in giving a
deed 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 quaint
ty set-off as aforesaid.
SEC. g. Any person owaing and occt,-
plying any house Or land not his own and
claiming said house asa homestead, shall
be entitled to the exemption aforesaid.
SEC. 7. Nothing in this act shall be
considered as exempting any real estate
from taxation or sale for taxes.
SEC. 8: 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.
SooopJ lf,H,;l,, ,,;o+,,,,, ,,1a.>I
or library, and musical instruments for use
of family.
Third, 4 seat or pew in any house or
place Of public worship.
Fourth. A lot in any burial ground.
Fifth. IAn wearing apparel Of the deb
tor and his family, all beds, bedstcads, and |
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
or HOUSEHOLD 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 Of one
yoke of oxen and horse, a 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 nee
essary food for ali 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,
ono sleigh, two plows, one drag, and other
farming utensils, including TACKLE for teams,
notcxceeding 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