Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-12-13


SECTION l. Be e enacted by the Legfs-
iQt1lre Of the State Of Mississippi, That
the several exemption laws of this State
he, and the same are hereby amended,
that hereafter the following described
property, real and personal. shall be eX
empt TrOm seizure and from sale under
execution or attachment, tO-wit; The
tools Of a mechanic necessary for carry
ing on his trade, and five hundred dollars
worth Of material used in his business I;
the implements OF a labOrer necessary in
his usual employment; the books of
student required for the completion OF
his education; the wearing apparel Of
every person, and the librarieso of persons.
and also saddles and brides sufficient for
the necessary Use OF the family, also the
instruments of surgeons and dentists used
in their profession; the arms and accOu-
uements Of each and every white person;
all globes, pictsres and scientific appa-
ratUs, books and maps used by teachers
OF schools, academies and colleges, and in
families by the heads thereof. also to
the head Of every family, being a white
person and a hOUsekeepeT, two hundred
and forty acres of land, regardless Of its
value, 50 laid offas 10 include thereon the
dwelling house and other buildings, and
the farm 50 far As the same can be done
Z
two hundred and forty acres in the whole:
also all household and kitchen furniture;
all necessary farming tools and imple-
ments Of hUsbandTy usually needed and
used in carrying on a farm; farm horses
or mules necessary 70 carry on and culti-
vate the farm, not TO exceed four in num-
Der; one years supply Of provisions nee
essary for the family and the hands EN-
plOyed on the farm, and of forage for the
teams and stock Of every kind exempted
bv this act, fifty head Of hogs and
lwenty head Of cattle, in which
may be included work oxen, twenty head
Of sheep, one wagon and one cart or car !
rylOg.
SEC. >. Be Il further enacted, That /.
each and every head Of a family, being a 4
white person, and h0usekeeper, resident 1
in any Incorporated city, town or village .
in this state, may and shall be entitled to .
hold and JWn, exempt from seizure, levy .
and sale under execution or attachment,
four thousand dollars worth Of real and
personal property, comprising the proper
homestead and other buildings Herewith
connected, and such household and
kitchen furniture, and other stock as such
debtor may select, in lieu Of the farm
land and farming and stock implements
of husbandry. as provided for IN the first
section OF this act, and also one years pro-
visions for the family and forage for the
stock so selected.
SEC. 3. Be II further enacted, That all
the property, real and personal, exempted
by the provisions of this act, upon the
death Of the husband, shall descend 10 the
widow as the head OF the family during
her widowhOOd. for the use and benefit of
herself and children, and in the event Of
her marriage or death, TO descend in like
4
laws Of this State.
SEC. 4. Be u further enacted. That
whenever any Sheriff or other officer of
this state, shall have in his hands any
wit Of ficri f0cjds, or Of Uesditi0Hi e.
J30nds. OF attachment, and If any doubt
shall arise as 20 the liability Of any
specific property To levy and sale by viz
tue of such writ, then, and in such case,
il shall be the duty Of such officer TO sum
mons three disinterested citizens of the
county, who shall on oath, To be admin
istered bv such officer, declare and certify
whether or not such specific property is
exempted from such writ by this act, or
By any other law Of this State. And in
the event that the said citizens, 50 sum
moned and sworn, shall certify that the
said property tc be specifically described
in such certificate is not exempt, the said
officer may proceed in the execution Of
said writ BY the levy and sale Of such
property, subject however, 20 all tile laws
nov in force IN reference to indemnifyiug
bonds, execution sales or otherwise pre-
seribing the duties Of Sheritis or Consta-
bies.
SIC. 5. Be Il further enacted, That IN
order the more effectually tOcarry out the
provisions Of this act, the Judgment debtor
or the defendant in the writ, shall have
the right 10 designate specifically the
property which he, she or they claim un-
der the provisions Of the exemption laws
If this State, and no property 50 specific
ally designated shall beseized by any off
Ger, otherwise than is provided for IN the
fourth section Of this act, and II any
Sheriff or other officer Of this State shall
levy or seize any property exempt from
such levy or seizure, he shall be liable %
an action Of trespass, or on the case at
the suit Of the debtor OF Of the party in
jured for all damages sustained thereby.
SEC. 6. Be IL further enacted, That (
property, real or personal, purchased and
not paid for shall not be held by virtue Of
this act as against the rightful lein of the
vendor; nor shall this act be 50 construed
as 20 defeat the rightful lein Of a landlord {
a. against his tenant, 80 far as the crop +
TGtised on demised lands may be or exist. ]
SEC. :. Be It. HJUTthcreaacted, That this
at shall be construed a. amendatory 70
the exemption laws Of this state and not
Intended 10 repeal the said laws Otherwise
than that the amendments in this act
embraced, shall supersede The former acts
so herein revised and amended.
Sc. S. Be It JlLlther enacted, That this
act take effect and be in force from and
after il passage.