The Kansas herald of freedom., 1859-05-07
AN ACT
Exempting certain Property from sale upon Exc
cuton or other process
Be IL enacted by the Governor and
Legislative assembly Of the
Territory Of Kansas

r Legislative assembly Of the
Territory Of Kansas
SECTION 1. A homestead, consist
ing of any quantity Of land not ex-
ceeding eighty acres, for agricultural
or horticultural purposes, and the
dwelling house thereon, and its ap-
purtenances,, to be selected by the
owner thereof, and not included in
any incorporated town, city or vii
lage::; or instead thereof, at the op-
ton of the owner, quantity of land,
not exceeding, in amount, one lot,
being within an incorporated town,
city or village, and the dwelling house
thereon, and its appurtenances, the
whole not exceeding in value one
thousand dollars, owned and occu-
pied by any resident Of this Terri
tory, being the head Of family,
shall not be subject to attachment,
levy or sale upon execution, or any
other process issuing out of any
court within this Territory. This
section shall be deemed and construed
to exempt such homestead, in the
manner aforesaid, during the time it
shall be occupied by the widow or
minor child or children of any de-
ceased person who was, when living,
entitled to the benefit of this act.
Sec. 2. Such exemption shall not
extend to any mortgage, or any in
struulent in the nature thereof, law
fully obtained, butsuch mortgage or
other alienation or incumbrance of
such land, by the owner thereof, if q
married man, shall not be valid
without the signature Of the wife to
the same, unless such mortgage Or
other instrument shall be given to
secure the payment Of the purchase
money, or some portion thereof.
SEC. 3. Whenever any levy shall
be made upon the lands or tenements
Of a householder, whose homestead
has not been selected and set apart,
such householder, his wife, agent OIL
attorney, may notify the officer, Al
the time of making such levy, ol
what he regards as his homestead
with description thereof, and th'
remainder alone shall be subject t.
sale under such levy.
SEc. 4. If the plaintiff in execution
shall be dissatisfied with the land
and tenements selected and set apar
as aforesaid, the matter shall be sub
mitted to two appraisers, one to b
selected by the plaintiff and the othe
by the defendant, his wife, agent o
attorney, who shall determine wheth
er such lands and tenements exeee
in value the sum Of one thousan
dollars. Ifthe appraisers, SO chosen
cannot agree, they shall appoint
third person to decide between them
If they cannot agree in the choic
of a third person, he shall be name
by the officer executing the writ.
SEC. 5. If the land, selected as
homestead, consists Of lot contain
ing twenty-five hundred square yardi
or less, and the appraisers shall cel
tify to the officer that such lot, I
gether with the improvements there
on, exceeds, in value, the sum of or
. thousand dollars, the said officer ma
proceed to sell such excess, or Il
whole, at the option Of the defendal
. in execution, in the man ner proyit
: ed in other cases for the sale Of re-
property under execution. In eai
b the excess only is sold, then SUI
0 proceeds shall be applied to the sati
g faction Of the execution; and,
case the whole amount Of the pr
o perty is sold, one thousand dolla
Of the proceeds Of such sale sh'
n be paid to the defendant in exec
d ton, and the excess shall be apph