The weekly North-Carolina standard., 1869-04-14

expenses Oi appralSlnS ana laying Oh the
homestead or personal property exemption,
when the same is made under execution,
shall be charged and included in the officers
bill of fees upon such execution or other
final process; and when made upon the pc
tition of the owner they shall be paid by
such owner and the latter cast shall be a
lien on said homestead.
Sec. II. Liability Of officer. Any officer
making a levy who shall refuse or neglect
to summon and qualify appraisers as here
tofore provided for or who shall fail to make
due return of their proceedings, or who
shall levy upon the homestead set off by
said appraisers or assessors Gas the case may
beg except as herein provided, shall be liable
to indictment for mistlemeanor, and he
and his sureties shall he liable to the owner
| of said homestead for all costs and damages
J in a civil action. .....
Sec 1s. Liability Of appraiser Any Off
Ger or appraiser or assessor (as the case mny
beg who shalt wilfully or corruptly conspire
with any Judgment debtor, or other apprais-
er, or assessor (as the case may be) to un-
| dervalue the homestead or personal prop
erty exemption of such debtor, or shall as
| sign false metes, and bounds, or make or
procure to be made false and fraudulent
return thereof, shall be liable to indictment
for a misdemeanor, and shall be answerable
| to the judgment creditor for all costs and
| damages in q civil action.
Sec. 10. Any officer OF appraiser or as
SCISSOR who shall wilfully or corruptly con-
spire with any Judgment creditor, or other
| appraiser, or assessor. to overvalue the home
stead or personal property exemption of any
debtor or applicant or shall assign false
| metes and boundaries, or make, or procure
! to be made false and fraudulent return there
| of, shall be liable to indictment for mis-
| demeanor and shall be answerabie to the
| party injured for all costs and damage in a
| civil action. ,sl r. r.tI..s..
Sec. 90. Judgment creditor dissatis fed
| IF the judgement creditor for whom the levy
IS made, or Judgment debtor, or person en-
titled to homestead exemption, shall be dis
satisfied with the valuation and allotment of
| the appraisers or assessors (as the case may
| be) he may, within ten days thereafter, or
any other judgement creditor, within six
months, and before sale under execution of
the excess. notify the clerk of the township
thereof. and file with him transcript of the
return of the appraisers or assessors, as the
case may be, and thereupon the clerk shall
notify the other trustees of the township to
meet him, at time specified, within ten
days, on the premises, to re-assess and allot
said homestead. At the time specified the
trustees shall meet on the premises and hay
ing first taken the oath prescribed for ap-
.praisers they shall view and examine the
homestead laid off, and make their report rs
required in section twenty-four of this act.
Sec 81 Who disqualified to act as appTais
| fr,1ef or nd
as an appraiser, shall be related by blood or
marriage, to the debtor, or judgment credi
tor, or shall be party in interest, in any
action against the former, he shall be dis
qualified to serve in the valuations of the
homestead or personal property exemptions,
and another person qualified to act as juror
shall be summoned and qualified in his
place.
Sec. %. When the homestead or personal
property exemptions is made or reallotted
on the petition of the person entitled there
to, the township trustees shall make their
report as required in section twenty of this
act, to the register of deeds, specifying what
changes, if any, they have made in the for
mer valuation and allotment, who shall re-
gister the same, as required in section nine,
and when said homestead and personal pro-
perty exemption is made, or reallotted, un-:
der execution by judgment creditor, the
township trustees shall make said return to
the clerk of the Superior Court, who shall
file the same and make minute thereof,
on the judgment roll and the execution
docket. .,..ll $3.50. e,., s.l.
Sec. 90. Cost Of re assessment, hoao paid.
If the board of trustees shall confirm the for
mer appraisal or shall increase the exemp-
ton allowed the judgment debtor, the levy
shall stand only upon the excess remaining,
and the Judgment creditor shall pay all
costs of the re-allottment. If they reduce
the amount allowed the judgment debtor,
the cost shall follow the execution and the
levy shall cover the excess then remaining.
a Sec. "a. Hoao uacated Any appraisal or
allotment by the trustees of a township may
be set aside, on application of any party in
terested, for fraud, completely or other ire
gularity. The proceedings shall be upon
petition, as in other special proceedings, and
the applicant shall give bond to the oppos-
ing party for costs and damages.
Sec. S5. Fees. The following fees and no
other shall be charged in this proceeding:
Each appraiser for laying off homestead
or personal property exemption, or both,
one dollar; officer for summoning and quail
fving appraisers and delivering returns to
clerk, one dollar; clerk, of Superior Court,
for filing return and entering minute on
execution docket, twenty-five cents; for ma
king transcript for townhship clerk when re-
quired to do so, fifty cents; township clerk
for summoning trustees, fifty cents; township
clerk for transmitting return, twenty five
cents. HfSi sG
Sec. 26. Acts repealed. All acts or clauses
of act in conflict with this act, or providing
other means for the laying off of a home
stead or personal property exemption, are
hereby repealed.
| Sec. 81. Forms. The following forms
shall be substantially followed in proceed
ings under this act
(No. ~
I. appraisers Return.
1. When the homestead is valued at less
than one thousand dollars, and personal
property also appraised. ". G..A
"The undersigned, having been duly sum
q monetl, and sworn to act as appraisers Of
the homestead and personal property ex'
emption Of A. B., of--township,---
County. bv C. D., Sheriff Tor Constable oil
Deputy of said County, do hereby make
the following return We have viewed ano
appraised the homestead of the said A. B.
and the dwellings and buildings thereon
owned and occupied by said A. B. as
homestead, to be one thousand dollars 70
any less sum) and that the entire tract
bounded by the lands of---and lis there
fore exempted from sale under execution
according TO law. At the same time ant
place we viewed and appraised, at the value
annexed, the following articles of persona
property selected by said A. B. (Here spe
cify the articles and their value to- be select