Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-01
EPOHTED FOR THE JOUR.
FsOMESTEADS.

TREPORTED FOR THE JOURNAL.
/ HOMESTEADS.
AN ACT 10 establish Freehold FIomes;eu!s
for the citizens of she state, also so ex-
ernpt certain personal property.
SEC. l. BE il enacted By the General As
senabIV of the State Of N0JE1 C>0'Oliau, and
ii is hereby enuc7cH By the authority Of the
same, That it shall be lawful for any citizen
| of the State, who Is possessed Of a freehold
Of lands within the same, to file his petition
in the Court Of Pleas and Quarter Sessions
of the county where the land lies, praying
| for tho allotment of homestead therefrOm,
not exceeding one hundred acres if in the
county or one acre if in the city or town,
which allotment may include single dwell
| ling and the necessary out houses, and
therefore it shall be the duty Of the Court
! to appoint FIVE freeholders to lay off and
allot to the petitioner said homestead by
metes and bounds according to their discre-
| ton, make d descriptive account of the
same under their hands and seals, and
return it to the Court at its next session
/ ProriQed That if any buildings other than
! the necessary out houses or houses belong
! ing to the curtilege, shall be erected on any
part of said homestead in town or city,
,
said buildings shall not be exempted longer
from execution under the provisions Of this
Act.
! SEC. 2 That upOn the return as aforesaid
/ it shall be the dnty OF the Clerk to record
/ it upon the minutes, and to make o;lt and
deliver to the Register of the county copy
thereof, who shall register the same IN his
books, making a memorandum OF the time
when 1t is done. at the foot Of the reglStra-
ton, for which services these officers shall
be entitled to the fee fixed by law in SINH
lar cases.
Sec. 3. That the homestead SO laid of
and registered shall not be subject to exc
cution for any debts contracted, OF cause
of action, or other liability, save taxes ac-
cruing after the same is registered. Pro-
/ rided, said homestead shall not be exempt
from execution for any debt or cause of ac-
ton arising upon any penal bond OF cove
nant previously executed, although the
same may accrue after the registration
aforesaid
/ SEC (. That il any person be taken IN
! der cdOiaS cd satiJacjendum, sued out
upon any Judgment founded or cause OF
action accrued subsequent to the registra-
tion aforesaid, it shall not. be required OF
him TO put the allotted homestead in his
schedule Of effects, or surrender the same
DrOrided, this exemption shall not apply as
aforesaid to process or Judgments founded
on penal bonds or covenants previously eX-
ecuted, although the causes Of action did
not accrue till after the registration.
! SEC. 5. That no male person III lawful
wedlock, have power to sell or dispose of q
homestead SO set apart, without the con
currence of his wife, evidenced by deed,
executed and verified with the same for
malities that may be required by law to
convey the lands of feDaeS c0re5f.
SEC. q. That IN all cases where Il home
stead freehold is laid off under the prOvi-
siOns of this act from an estate descenda-
BILE to heirs, and the wife survives, she
shall be entitled to the said homestead for
dover, if she shall SO elect, to be allotted
to her in the manner now provided by law
subject nevertheless to the condition that if
she marry again, there being Il child OF
children OF the issue of her first husband,
she shall take one third Of the same ouIy
including the DWELLING ProrjIaI That
the homestead provided for III the forcgo-
ing sections shall not bo exempt from debts
incurred for lnabing Improvements thereon
or cultivatinG the same.
! PrOrided .fulfher, That such exemption
shall continue after thcdeHth of such house
holder or houaeholder&, for the benefit OF
the children, as a home, until the youngest
child shall become twenty-one years of
age.
! SEC 7. 81 Il fu,Thrj. e,,ucte1i, That the
! following property OF each head OF a fam
lily, or housekeeper, shall be exempt from
execution, except for taxes, after the Tatih-
cation of this Act, to wit: All necessary
! farming and mechanical tools, one work
horse, one yoke Of oxen, one cart or
wagon, one mich COW and cali, fifteen
head Of hogs, five hundred pounds Of pork
OF bacon, fifty bushels OF corn, twenty
bushels OF wheat or rice, and household
and kitchen furniture nor TO exceed in value
two hundred dollars, the libraries Of
licensed attorneys at law, practicing physi-
clans, and ministers of the gospel, also the
instruments of surgeons anG dentists used
in their professions.
SEC s. That all laws and clauses of laws
coming within the meaning and purviews
Of this Act are hereby repealed.
Ratified February Goth, 1867.
r. Y. MCADEN,
Speaker House of Commons.
N. E. MANLY,
Speaker Senate.