Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-12-27

OEC. u dc u HJULST' 6HQCtSI, lDaC Ul1S act
shall be in force from and after its ratifca-
ton.
Ratified Goth Dec, 1866
r. Y. NiCADEN,
Speaker House of Commons.
M. E. MANLY,
Speaker of Senate.
AN ACT to exempt from seizure under execution
or attachment, certain personal property therein
named, and provide homestead.
Introduced 10y Mr. Richardson, of Bladen and passed
by the House.
SECTION l. BE ii enacted 6y The Gene, al
ASSEMBLY Of tie State Of NORTH Carolina, and
ii iShereby enacted by the u,ahOrity.of MeSu7ae.
That the following property shall be ex-
empt from seizure under execution or at
tachment, to-wit:
a. The tools of mechanic necessary to
carrying on his trade.
(2.O The agricultural implements of
farmer necessary for two male laborers.
o. The implements of a laborer neces-
sary in his usual employment.
a. The books of student required for
the completion of his education.
(5.) The wearing apparel of every per-
son.
Co., The libraries Of licensed attorneys
at law, practicing physicians, and ministers
Of the gospel, also the instruments of sur
geons and dentists used in their profess
sion.
7.) The arms and accoutrements of each
person of the enrolled militia of the State:
and
49, All globes, books and maps used by
teachers of schools, academies and cole.
ges
Also, the following property of each head
of family OF house-keeper, to-wit one
work horse, four COWS and calves, twenty
head of stock hogs, one hundred bushels of
corn, twenty bushels of wheat or rice, eight
hundred pounds of pork or bacon, one
yoke of oxen, one cart or wagon, and house
hold furniture to be selected by the debtor
not to exceed two hundred dollars in value
SEC 2. Be it further enacted, That every
citizen of the State, male or female, being
a householder and having a family, shall be
entitled to hold exempt from seizure or sale
under any execution, Judgment OF decree,
founded on any contract made, or liability
incurred after this act shall take effect, the
land and buildings owned and occupied
as a residence by such debtor, provided the
quantity of land does not exceed one hun
dred acres, nor the value thereof the sum of
one thousand dollars, inclusive of improve
ments, and such exemption shall continue
after the death of such householder for the
benefit of the widow and family of the de-
cased, some OF one of them continuing to
occupy such homestead, until the youngest
child shall become twenty-One years of age,
and until the death of the widow: Prooi-
ded, That the laws now in force respecting
the exemption of real and personal estate
from execution, shall apply to all contracts
made, and liabilities incurred, before this
act shall take effect
SEC. 3. Be ii further endcted That if the
land on which any such debtor may reside,
shall exceed one hundred acres in quantity,
or one thousand dollars in value inclusive
of improvements, the officer holding an
execution against such debtor, and not
finding other property to satisfy the same,
shall appoint six discreet and disinterested
freeholders of the county, who, On oath
to be administered by such officer, shall set
off to such debtor portion of said land,
embracing the dwelling house, and not ex-
ceeding one hundred acres in quantity, or
one thousand dollars in value, which allot-
ment shall be returned with the execution,
and the part so allotted shall be exempt
from the execution, aud the officer may
proceed to advertise and sell the residue of
the premises.
SEC. 4. BE 1t further enacted, That if the
premises shall not be capable of being so di-
vided as to set off to the debtor q part, in
Guiding the dwelling house, and not ex-
ceeding one thousand dollars in value in
elusive of improvements, the said freehold
ers shall set off convenient portion of the
land, to include the dwelling house and
buildings, and not more land than may be
necessary for the convenient use thereof,
and they shall appraise the value of the
part SO set off, and in case the surplus of
such valuation over and above one thou
sand dollars, shall, within ninety days, be
paid by the execution debtor, the part SO
set off shall not be sold on said execution ;
but if such surplus shall not be paid with
in ninety days after such valuation, the Of
fcer may advertise and sell the part so set
off, provided the same shall bring greater
sum than one thousand dollars, and out of
the proceeds of the sale, he shall pay to the
execution debtor the sum of one thousand
dollars, which shall be exempt from execu-
ton for one year thereafter, in order that
it may be invested in the purchase of an
other homestead
SEC. 5. BE ii further enacted, That no
property shall be exempt from execution
when the purchase money thereof forms,
in whole or in part, the debt on which
the judgment is founded, nor shall any
property be exempt from sale for non-pay-
ment of taxes.
SEC. 6. Bet further enacted, That if any
sheriff. or officer shall levy on or seize any
property exempt from execution, he shall
be liable for an action of trespass, or on
the case, at the suit of the debtor, for all
damages sustained thereby.
Sec. 7. Be ii further endcted, That all
laws and clauses of laws coming in conflict
with the provisions of this act, except as
herein before provided, be and the same
are hereby repealed.
Sec. s. Be ii further enacted, That this
act shall be in force from and after its rati-
fcation.