The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1859-03-15
THE HOMESTEAD BILL.

THE HOMESTEAD BILL.
We give below (says the Warrenton News)
copy of this most important bill which effects
radical, and We believe beneficial change, in the
law of North Carolina. A similar law has been In
force for many years in several States OF the IN
ion, and experience has demonstrated its adVant-
ages, for it has never been repealed when cnce en-
acted 1t will give impetus to the industry OF
that large class in society," whose existence depends
upon their daily labor. 1t will place within their
reach, a prize to be won-a point to be gained,
which will animate the head of the family to
course of steady industry, and encourage all the
members of it to aid him, for all, young and old,
will share in the benefits arising from securing
family homestead. This once secured it becomes
ever after centre of reunion for the family for,
however far they may scatter in pursuit of fortune,
they will ever turn wisfully to the old roof tree,
which sheltered them in the days Of their child
hood. This bill WILL We trust, put an end to that
wasting emigration which is building up the south
western States with the bone and sinew of North
Carolina for it gives the poor man chance OF Sc
curing that permanent independence in his native
State, which is the only inducement that makes
him leave it, for the less congenia climate of the
South West.
1t is asserted this bill will encourage dishonest
men to secure property at the expense OF their
creditors. This is mistake; man must be free
from debt before he registers his homestead as it
is only secured from debts contracted after 1t is
registered. The publicity given will acquaint all
men of the fact, of so much of his property being
secured from execution; and as all asking
credit, are only trusted in proportion to the amount
OF their property, the value of the homestead will
be deducted, and their credit limited accordingly.
In another point of view it will prove advantage
Gus; a majority of fraudulent deeds of trusts are
caused by the involved man endeavoring to secure
something for his helpless family; with home
stead bill this inducement is removed, and debtors
will more readily surrender the balance of their
property, for the benefit of their creditors, when
the law secures shelter for themselves, and their
wives and children. A law like this had long
been favOrite Oh ject with the late Judge Castor:
and now that his wishes have been fulfilled, 1t
would be UNI just to pass over without notice the
who, for years, has struggled for, and at
length achieved that which the great and good
CASTOR failed to effect. To the Hon. David Out
law, of BERTHE the merit is due; and, though total
ly opposed to him in politics. not the less SIN
cere in expressing of the pure spirit of
patriotism which actuated him in proposing this
bill, and which equally animated his democratic
opponents in accepting it.
A BILL to establish q Freehold homestead.
Sec. l. BE it enacted by the General Assembly
of the State of North Carolina, and it is hereby
enacted by the authority of the same That it shall
be lawful for any citizen of this State to file his
her petition in the Court of Pleas and Quarter
Sessions, of the county in which they reside, to
have laid off a Homestead not exceeding fifty acres
to include the dwelling house, a house and lot
in any town, the lot not to exceed two acres, nor
be of greater value than 500 dollars; whereupOn
the Court shall appoint three freehoders who shall
lay off and allot to the petitioner, by metes and
bounds, the said homestead of fifty acres, if he
have much; if not all, in the petition be
for house and lot in town, then two acres incud-
ing the dwelling house, by metes aid bounds, and
return the same under their hands and seals to the
next term of said Court.
Sec 2. BE it further enacted That upon the
return the Clerk shall make out and deliver to the
Register of the county copy of the said return,
who shall record the same in the Registers Office
of said county, and shall also give public notice at
the Court House door, within FIVE days after the
term to which the return is made, of the names of
all such persons as have had homesteads laid off,
Sec. g. Be it further enacted, That the home
stead house and lot so laid off shall not be sub
ject to execution for any debt contracted, cause
Of action arising after the same is registered.
Sec t. Be it further enacted, That no person
who is married man shall have authority to sell
dispose of said property so set apart, without the
formalites required by law to con-
vey the lands of married women.
Sec s. Be it further enacted, That in all cases
where homestead freehold is laid off under the
provisions of this act, in case of the death of the
husband, his widow shall be entitled to the same
her dover, if she shall elect, but in she
marries again, then she shall be entitled to only
onethird in value, if the children of the first hus-
band or the issue of such shall be then living.