The Hillsborough recorder., 1867-03-06
THE HOMESTEAD ACT.

A Act 10 be entitled . Al Act 10 establish Free
I held Honss,esds for theeitl1sns Of The State"
: Sec. /. Be it enscled by the Genera
Assembly Of the State Of North Carolina
aud ii is hereby enacted by The authorit,
OF the same, That il shall be lawful for an,
citizen Of the State, who is possessed Of |
freehold Of lands within the same. 10 6l
his petition in the Couu Of Pleas and Guar
or Sessions of the county where the Ian,
lies, praying for the allotment Of home
stead therefron not exceeding one hundre,
acres il in the country. or one acre if In tn
city or town. which allotment may includ
single dwelling and the necessary out
Shnase., and thereupon il shalt be the .dut
OF the Court, to appoint Eve freehoIdets 4
10y oG aad allot to the petitioner said home
stead, BY msfes and bosads according I
their discretioa. make . descriptive &C
count Of the same under their hands an
seals. s1d retuea IL 10 the Court q its nex
session.
Provided, That if any building. othe
than the necessary osthoasss or houses be
longing to the csrtiiegs shsii be erected o
any part af said Homestead IN town or ei
", then so much Of the land % 10 csvsre
by said hsil,lings. shall not be exempt Ion
ger from execution under the provisions .
this act.
Sec. Q. That upon the retarn. as afors
said. IL shalt be the daty Of the Clerk I
record il upon the minutes. and 10 max
oat and deliver to the Register OF the eoun
~. copy thereof. who shall register th
same in his books. making memoranduI
of the time when il 10 done AZ the foo,
The registration, Tor which serviees. thes
officers shall be entitled TO the fees 6red b
iav in similar cases.
SEC. s. That the homestead. 80 laid O
and registered, shall not be subject 10 exc
cutieu for any debt contracted, or cause ,
action. or other liability, save tsIes aeerl
irg. after the same 10 registered. Provid
ed, sad homestead shxIl not be eIemy
from execution fcr any debt OF cause Of .,
tisn arising upon any peal boad or eonver
AIT previously executed, although the san
may accrue after tbs registration afors
said, @ u ltls4
Sec. 4. That if any person be taken NJ
dec eapias cd satisfaeiendum. ssed 0,
spon any jsdgment founded. or cause
action aecrsed subseqssnt TO the registrl
,i.s sioresaid, il shall not be reqsired 4
him 70 put the allotted homestead 10 Nj
sch~duls Of effects, or 20 surrender a
sane, Provided. this ezemptisa shall q
sppiy as aforesaid 20 process Or judgmsn
iosnded on penal bonds or covenants pr,
,,susly s1eested. slthosgh the causes
s,tisn did not accrue iili after the reKistr
tion. lr
See. s. That no male person in lsvf
sedlsek have ps~sr to sell or dispose Of
A,meread 90 set apart vithes: the cones
r nee Of HE wife. s,ideaced by deed, Ell
sssed and seriked with the ssae formal
siss that may be rsquired BY Law to COW,
the Isnds Of femmss covert.
Sec. 6. That in oil cases where hom,
ssesd freehold 10 laid .oG uadsr the pro,
sinas Of this oct. frsm 90 estate descend
bi- 20 heif.. and ,hs sifs srriyss. sae shs
~ rn.i,.d 20 the ssit ssmsst-sl lar do,
~. % sue shall - eject. TO be allotted
Der in the msnner nou provided by ias
subjset nevertheless 10 the condition IN
IL she marry again, there being child
children Of the issue Of her 6ist husbsn
she shall take sne third Of the same onl
taciud.nG the dwelling. Provided. that 4
hemestesd provided tor in the forseoi
sections shalt sot Be ersmp, from debts
csrred Tor mailing iuprouenents there
ss eulh,aiins the ssme. Provided. fur,
e. Th.t such exemption shall csntin
sitter The death st such householder
hsosshsldsrs. for the benefit of the rhildrs
ssa hone. sstil the yosnEsst child IN
sseons twenty one years Of age. h
Sec. z Be u further enacted. That
Isllo~ing property u each hesd Of . ia.i
sr housskseper, shall be exempt fros q
cntiea. except for taxss. alter the rattle
tisn Of this set. 10 vit, all necessary fsr
!. iag sud s.-sssisal tssls. oas york her