Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-01-10
THE WILMINGTON JOURNAL.
WILMINGTON, n. c.,
THURSDAY, JANUARY 10. 1857.
HOneSteads.

this State arc determined TO either amend
the present law providing homesteads, OF
pass new act for this purpose, we think is
evident from the fact that bill has already
passed the House Of Commons, and another
has passed two readings in the Senate, and
stands first for consideration upon the re-
assembling of that body on the 22d inst.
We are satisfied that some action should be
had in regard to this subject. Depressed
as our people are, weighed down by debt,
disheartened by the almost universal fail
ure Of crops. almost hopeless IN regard to
their political future, they need every en-
confinement and aid consistent with the
Constitutions of the State and United States
that can possibly be given. Relieved from
all participation in the General Govern
ment, and expecting evil rather than good
from its legislation, they. naturally turn to
their State for protection.
We were in hopes that Congress wonl'i
furnish some relief to the Southern peeps
by the passage of a iudicious and general
Bankrupt Law. During the last session
SeVcral
cussion, and one or more of them ACTUALLY
passed the House of Representatives, bnt
were rejected in the Senate. We know not
that the fact that the South would prnba-
bly reap some benefit from such law III
fuenced the legislation on t'la snhJ"ct,
and trust such was not the case. But we
do know that in former years the support
for such measures was almost universally
confind to Northern votes Beyond Ques-
ton, O. wise law to enable the bankrupt, up
on an honest surrender of all the property
in his possession, to be relieved from the
thraldom of debt, would be conducive OF
great good throughout the country. But
as Congress seems unwilling to pass such
law, it is incum bent upon the State Legs
Iature to do so, as far IS they ale able I'M
der the Constitution.
The subject of Homestead Law has oc-
cupied much Of the time of the General
Assembly, and two bills, one introduced by
Mr.. Berry, the Senator from Orange, and
the other by Mr.. Richardson, Commoner
from Bladen, has attracted the most atten-
ton and received the most successful con-
sideration.
Mr.. Berrys bill provides that any citizen
of this State, who is possessed of a freehold
of lands may file his petition in the Court
of Pleas and Quarter Sessions of the county
where the land lies, praying for the allot-
ment of o homestead therefrom, not e1-
coeding one hundred acres, if in the county,
or one-half acre if in the city or incOrpo-
rated town, which allotment may include a
single dwelling and the necessary out
houses. After being laid off and registered,
the homestead shall not be subject to exc
cution for any debts contracted, or cause
of action, or other liability, save taxes &C
cruing after the same is registered, but it
shall not be exempt from execution for any
debt or cause of action arising upon any
penal bond or covenant previously eXecu-
ted, although the same may accrue after
the registration. If any person be taken
under a CapiQS al SdtiSfucieln!Hm, sued out
upon any judgment founded on cause OF
action accrued subsequent to the registra-
ton aforesaid, it shall not be required OF
him to put the allotted homestead III his
schedule of effects, or to surrender the
same, but that this exemption shall not APP
ply to process or judgments founded on
penal bonds or covenant previously eXecu-
ted That no male person, in lawful we'd
lock, shall have power to sell or dispose of a
I L l. ,,fI
wife duly evidenced. The bill further pro
yides that where homestead is laid of
from an estate descendable to heirs, and
the wife survive, she shall be entitled to
the homestead for dover, II she shall Sc
elect, to be duly allotted, but if she marry
again, there being child or children OF
the issue of her first husband, she shall
take one-third only, including the dwell
ing.
The bill, the provisions OF which We give
above, will most probably pass the Senate
with limitation in the value as Well a
boundaries of the homestead, say to t.re
thousand dollars The bill of Mr. RIcu
ardson, which has passed the House, AIT
WHICH VIC PlO1lSuSNl III AttAAs IL WIN ~ ~
collected, confines the homestead to Ont
hundred acres and one thousand dollars IL
value, allowing the execution debtor ninet.
days to pay off all excess over the value O
one thousand dollars, when the dwellln;
house and out buildings, with land sulti
cient for the convenient u:'9 thereof, shal
exceed that valuation.
These, then, are the measures before tn
Legislature to provide homesteads for tn
citizens of the State. That the necessitie
of the people demand some such Legislation
is well known, and it certainly is the pole.
of the State, by protecting the homestead
of its citizens, to a certain amount, from
execution, not only to enable all to OWL
his residence, but encourage them to pu
such improvements upon them as Will al
tach the owner and his family to thel
homes, and make them ornaments to tn
country. The tide of immigration which i
now flowing from the borders of our Stat,
to the South and West, may thus not onl
be checked, but entirely turned, and unde
l.,