The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-05
THE HOMESTEAD ACT.

THE HOMESTEAD ACT.
An Act TO be entitled San act to establish Free
hold Honsesteaas for the citizens Of the
State"
Section I. Be it enacted BY the General AS
sembly of the State OF North Carolina, and it is
hereby enacted by the authority of the same,
That It shall be lawful for any citizen Of the
State, who is possessed of freehold Of lands
within the same, to file his petition 10 the Court
of Pleas and Quarter Sessions OF the County
where the land lies, praying for the 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 dwelling and the necessary outhouses,
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 discretion, make
| descriptive account of the same under their
hands and SEALS and return it to the Court at its
next session.
Provided, That if any building, other than
the necessary outhouses or houses belonging to
the cartilage shall be erected on any part of said
homestead in town or city, then so much of
the land as is covered by said buildings, shall
not be exempt longer from execution under the
provisions of this act.
Sec. 2. That upon the return, as aforesaid, it
shall be the duty of the Clerk to record it upon
the minutes, and to make out and deliver to the
Register of the county, copy thereof, who shall
register the same in his books, making memo
randum of the time when it is done at the foot
of the registration, for which services these
officers shall be entitled to the fees fixed by law
in similar cases.
Sec g. That the homestead, so laid off and
registered, shall not be subject to execution for
any debt contracted, or cause of action, other
liability, save taxes accruing, after the same is
registered. Provided, Said homestead shall
not be exempt from execution for any debt or
cause of action arising upon any penal bond or
covenant previously executed, although the
same may accrue after the registration afore-
said.
Sec. 4. That if any person be taken under a
capias ad sotisfaciendum, sued out upon any
judgment founded or cause of action accrued
subsequent to the registration aforesaid, 1t shall
not be required of him to put heallotted home
stead in his schedule of effects, or to surrender
the same, Provided, This exemption shall not
apply as aforesaid to process on Judgment,
founded on penal bonds or covenants previously
executed, although the causes of action did
not accrue till after the registration.
Sec. 5. That no male person in lawful we'd
lock shall have power to sell or dispose of home.
stead so set apart without the concurrence of
his wife, evidenced by deed, executed and veri-
fed with the same formalities that may be re-
qured by law to convey the lands of temes
cOUert.
Sec g. That in all cases where homestead
freehold is laid off under the provisions of this
act, from an estate descendable 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 provi-
ded by law; subject nevertheless to the condi-
ton that if she marry again, there being child
or children of the issue of her first husband
she shall take one third of the same only, TO-
Guiding the dwelling Provided, That the
J homestead provided for in the foregoing Sec
tions shall not be exempt from debts incurred
for making improvements thereon or cultivating
the same. Provided, further, That such ex.
emption shall continue after the death of such
householder or householders, for the benefit oil
the children, as home, until the youngest child
shall become twenty-one years of age.
Sec. 7. Be it further enacted, That the fol
lowing property Of each head of a family, O,
housekeeper, shall be exempt from execution
except for taxes, after the ratification Of this act
to-wit: all necessary farming and mechanical
: tools, one work horse, one yoke oe oxen, one
f cart or wagon, one milk cow and calf, ffteer
d head of hogs, five hundred pounds of pork OF
r bacon, fifty bushels of corn, twenty bushels o.
e wheat or rice, and household and kitchen 'furni
t ture not to exceed in value two hundred dol
lars, the libraries Of licensed attorneys at law
practicing physicians and ministers of the Cos
pei, also the instruments of surgeons and dentists
t used in their professions
Sec, 8. That all laws and clauses of law:
coming within the meaning and purview of this
act are hereby repealed
In General Assembly, read three times and
ratified, 25th Feb 1867.
r. Y. MCADEN,
Speaker House of Commons.
M. E.. MANLY,
, Speaker of the Senate.
State IF North Carolino Dan't E Ct,fo