The Placer herald., 1860-05-12
AN ACT

AN ACT
Extending the privileges of the Homestead Law
to certain persons, and to regulate the creation
OF the same.
The People Of the State of California, repre-
Sented IN Senate and asseniblu do enact as
fOYops:
SECTION l. The provisions of an act entitled
can Act to exempt the Homestead, and other
property, from forced sale in certain cases." pass
ed April twenty-first, one thousand eight hundred
and hlty-one. and of all other acts, and parts of
acts. relating to the exemption of the homestead
are hereby extended, so as to include all unnar
rled men, and unmarried women, widows and wild
overs; prOuided, said homestead rights shall have
been organized under the provisions of this act
And, pror.ded, further, that said homestead shall
in no case, be of greater value than one thousand
dollars.
Sec. 2. Whenever any white man, or female
resident in this State, shall desire to avail him
self, or herself, of the benefits of this act such
person shall make written application to the
County Judge, of the county in which the land
intended to be claimed as homestead or any
part thereof, is situate setting forth the object in
view, giving an accurate description of the prem
ises, and stating the value of the same: pr0pided
the amount of land, exempt under the provisions
of this act shall not exceed three hundred and
twenty acres, if the homestead is not located
within the limits of any city, or town; but if it
is within the limits of any city or town. the
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and twenty feet square.
Sec 3. Upon receiving the application named
in section two of this act. it shall be the duty of
said Judge, to appoint three respectable and com
petent persons, freeholders, or householders. of
the county. to act as appraisers OF the property,
who shall proceed to inspect the premises and
appraise the value thereof. In case the persons
so appointed, or any Of them shall fail or refuse
to act, said Judge may. from time to time, make
such additional appointments of appraisers, as the
case may require.
SEC. 4. Before proceeding 10 act under tn pre-
ceding section. the appraisers mentioned therein,
shall take and subscribe oath, before some off
Ger competent to administer oahs. that they will
fairly and impartially appraise the premises, ac-
cording to the actual value thereof
SEC. 5. If the value of the property described
in the application, shall be found to exceed the
sum of one thousand dollars, including the i'm
provemcnts thereon, it shall be the duty of the
appraisers at the request of the applicant, TO ad
measure and lay off less quantity of the said
land, with such boundaries as the applicant may
direct. so that the value of the part admeasured
and laid off, together with such improvements as
may be thereon, shall not exceed the value afore-
said. When in any case, the appraisers cannot
all agree on the value of the premises applied
for, the agreement of any two Of them shall be
deemed the appraisement.
SEC. 8. The appraisers shall return their writ
rcn oath and their apprasement in writing; the
dppTulSeIHCul SUull upScTlDe InG property dCcu-
rately, by mctes and bounds, and the value there
of, and shall deliver The same to the County Judge
appointing them.
SEC. 7. Upon the return of the appraisers. as
aforesaid. the said Judge, on being satisfied that
the proceedings Of the appraisers were regular,
and their acts done in good faith shall make and
deliver to the applicant q certificate in writing.
setting forth the application, the oaths of the ap
praisers, all the proceedings which took place
under it, and the return OF the appraisers, VIII ch
certificate shall be firmly annexed to the written
application, which paper shall be designated the
homestead title. and shall be delivered, on pay
ment OF all cost and expenses then remaining
unpaid, to the applicant.
SEC. g. The applicant, upon receiving the
homestead title shall cause the same to be record
ed, in the office of the County Recorder, of the
county in which the homestead is situated, in
book, which the County Recorder shall keep for
that purpose to be called the Register of Home
steads of Single Persons;" and where the said
homestead shall be situate in more counties than
one, the applicant shall cause the homestead title
to be recorded, as above provided. in the Recorl-
er's office of each Of tho said counties where any
part OF said homestead is situate.
SEC. 8. Upon complying with tn, provisions
of this act. the applicant shall be vested with
homestead ri ght, which shall date from the day of
filing the homestead title for record. and not soon
er; prouided, that nothing in this act shall be
held to exempt said property from forced sale, to
SATISFY any ucDt OF aDlllty, crcaleu or dSsulneu,
by the applicant, prior to the filing of the said
homestead title for record. Nor shall anything
in this act be held to shield said property from
forced sale, in order to satisfy any mortgage, or
lien, for purchase money. material, or labor, ere
ated at any time upon said property so set apart,
under the provisions of this act.
SEC. TO- The County Judge shall for the ser
vices prescribed in this act be entitled to charge
and receive, for each appraiser appointed as
aforesaid, one dollar; and for each certificate of
homc stead title, granted aforesaid five dollars
which shall be paid by him into the county trea-
sury, and credited to the General Fund for
county purposes; and the said appraisers shall be
entitled to three dollars per day, for each one of
them necessarily employed in the discharge ofth
duty assigned them. The County Recorder shall
be entitled to three dollars for recording each
and every homestead title created under the
provisions of this act. The fees provided for
above shall be paid in advance. if demanded.