Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-12-21

10. 95.-An act relating to the home

tfNf -" eNs sNttAss"n " NHe hehAS-
stead.
Il is hereby enacted, &c.
SIC. /. Chapter sixty-fve Of the
complied statutes shall be 50 construed
that any person owning a homestead.
agreeable 10 the provisions Of said act,
shall noi forfeit the same. or subject the
same 10 attachment and set-ofr on execu-
lion, ia case said owner temporarily re-
moves from ID, or does not occupy the
same 10 the time OF said attachment
made during such temporary removal
PSoeidsd thai such person shall not avail
himself or her-et Of the benefit Of this
act after an absence Of one year.
Approved November 20, 1860.
No. 36.-An act in addition to chapter
sixy-fye of the complied statutes, re-
latiag 20 she Homestead.
II is hereby enacted, &c.
SIC. /. Wherever any deed, mort
gage, lease or conveyance Of such home
stead, mentioned n section five Of the
act 10 which this is in addition, except
mortgages for the purchase money, exc
cuted al ghe time ct the purchase there
OF, shall be executed by the owner there
oi. If married man, without his wife
joining therein, as provided in said sec
tion five, such decd, mortgage, lease or
conveyance shall be wholly imperative
to convey any right, title or interest in
such homestead, and The rights Of the
parties aud Of all persons claiming un-
der them or either OF them, shall be and
remain the same as it 10 such deed had
been executed! Progided, that if such
deed, mortgage, lease or conveyance
shall embrace or purport TO convey other
lands or real estate over and above what
is protected by law as a homestead, or
required by said section five - be alien
ated only By the joint deed Of husband
and wife, such deed, lease, mortgage or
conveyance shall be operative 20 convey,
such other lands or real estate, the same
as if such homestead lad been excepted
in such deed, mortgage, lease or convey
ance.
SEC. 2. IT, ia ans action at law or
I in equity, it shall become necessary, in
order 10 ascertain The rights Of the par
/ ties, 10 sever OF set out such homestead
from the residue of the premises in ques-
tion, claimed under any such deed, mort
/ gage, lease or conveyance 50 executed by
such married man, without the wife join
/ ing therein as Aforesaid, such court in
which said suit Is pending, may appoint
three comm issiJaers, or such number not
+ exceeding three as the parties shall elect
to have appointed, to appraise and set
out such homestead; which commission
ers, being sworn to the faithful discharge
Of their duties as such commissioners,
shall proceed aud appsaise aud set out
such homestead, 10 the same manner as
is provided 10 ihc act 30 which this is in
addition for setting out such homestead
I 10 case Of the levy OF an execution, and
make report in writing o. their doings u
said court, which report. unless good
cause b. shown 10 the contrary, shall be
accepted and confirmed by The court, and
4 a record thereof made ia The office where
by law q deed Of such cstato is required
10 ba recorded, aud the same shall bC
valid and effective, aud each shall bold hit
share 20 sci out by the commissioners il
) severally; Provided, that this sectior
shall no, apply to any case where, by th'
act approved November IA, 1885, ii i
b made tie daty OF the probate court 10 Sc
p ouG such homestead.
Approved November p, 1860.