Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-04-16
From the Raleigh Standard
THE HOMESTEAD.
An Act to Lay off the Homestead and Per.
sonal Property Exemption.

Section 1. Homestead, ,ohe,s and hoto exempted
Whenever the real estate OF any resident IN this
state shall be levied on by virtue of any execu-
tlon, or any other final process, obtained on any
debt, such portion thereof as may be occupied b5
the owner as an actual homestead, and which he
may then elect to regard SUCH including the
dwelling and buildings thereon, shall be exempt
from such levy, except under an execution OF
other final process issued for the collection of a
debt contracted
1. For purchase of said homestead
| 2. For such work anu labor done for the
owner of this homestead, as may conetitGt9 d
llaborer's lien.
| 3. For such labor done the premises as may
constitute III chanics' lien.
4. For taxes accruing on said homestead.
| Sec. z. Sheriff to summon appraisers. Before
levying upon any homestead thus owned and oc-
lcupled, the sheriff other officer charged with
such levy shall summon three discreet persons,
lQualifed to act as jurors, to whom he shall ad-
EMMY eweAr Tor affirml that have no interest,
near or remote, III the homestead exemption OF
c. D., and that l will faithfully perform The
duties Of appraiser for assessor, az the case may
be- in valuing and laying OFF the same. So help
me God
Sec. 3. D,ayo of appraisers. The said spprais-
ers shall theroupon proceed to value the h ome-
| stead, with its dwelling and buildings thereon.
and lay off to said owner such portion ne may
select, or any agent, attorney, or other person,
in his behalf, not exceeding IN vaiue one thousand
dollars, and to Tx and describe the same by metes
and bounds
Sec f. Appraisers to make return. They shall
Cnen make and sign the presence OF the OH Cer
| a return Of their proceedings, setting forth the
| property exempted, which shall be returned 10y
the officer to the clerk of tho court for the county
in which the homestead is situated and filed with
the judgment roll in the action, and a minute of
the same entered on the jud gment docket.
Sec. 5. The lsUy to be made on excess. The levy
may be made npon the excess of the homestea1,
not laid off according to the provisions Of this
act, and that the officer shall make substantially
the following return upon the execut ion : A, B,
c, D and E summoned aud qualified as ap-
J Y0roJ 0nr (pr fI,n Ia
set off to X the homestead exempt by law
Levy made upon the excess
Sec. 6. Apprdisers to elect. La election
is made by the owner, his agent or attorney, or
any one acting in his behalf, of the homestead to
be laid off as exempt, the appraisers shall make
slch election for him, including always the
dwelling and buildings used Herewith.
Sec. Z. That whenever any resident of this State
may desire to take the benefit of the homestead
and personal property exemption as guaranteed
by article of the Constitution of this State such
resident Cor his agent or attorney shall apply to
any Justice OF the Peace Of the county in which
he resides, and said Justice of the Peace shall ap
point as assessor three dsinterested persons
quahted to act as Jurors residing in said county.
who shall, on notice by order of said Justice,
meet at the applicants residence, and after
taking the oath prescribed III section two of this
act for appraisers before official authorized
to administer oath, lay off and allot to the ap-
plicant homestead, with metes and bounds, ac-
cording to the applicants direction, not to exceed
one thousand dollars in value, and make and sign
descriptive account of the same and return it to
the office Of the Register of Deeds.
Sec. 8. That said assessors shall set apart of
him selected, articles Of personally not exceeding
in value the cum Of five hundred dollars, and
make and sign descriptive list thereof, and re-
turn the same to the Register of Deeds
Sec 9. That it shall be the duty of the Register
Of Deeds to endOl Sc on each Of said returns the
date when received for registration, and to cause
the same to be registered without unnecessary
delay. The said Register shall receive for regis
tering the said returns the same fees that may
be allowed him by law for other similar or equiv
alent services, which fees shall be paid by said
resident applicant, or his agent or attorney, upon
the reception of said returns by the Register.
Sec. TO- That If any person entitled to home
stead and personal property exemption, die with
out having had the same set apart, his widow, if
he leave one, then his child and the children un-
der the age OF twentyone years, if he leave such,
may proceed to have said homestead and person
al property exemption laid off to her, him the m
according to the provisions Of sections seven and
eight ofthis act.
Sec. H. That when any person entitled to
homestead and personal property exemption,
shall file his her petition before justice of The
peace, to have the came laid off and set apart
der the provisions of sections seven, eight niue
and ten Of this act, the said justice shall make ad
vertisement at the court house door CT the county
in which the petition is filed notifying all creditors
of said applicant Of the time and place when and
where the said Petition will be heard; and tie
same shall not be heard nor any decree made in
the cause in less than six months nor more tn On
twelve, from the day Of making advertisement as
above required.
| Sec. IL. appraisal ef pe1sonol property. When
ever the personal property of any resident OF this
State shall be levied upon by virtue of any exc
cution other final process issued for the col
lection of any debt, and the owner or any agent,
| or attorney in his behalf, shall demand that the
| same, or eny part thereof, shall be exempted
from sale under such execution, the sheriff or
| other officer, making such levy, shall summon
| three appraisers as heretofore provided. who,
| having been first duly sworn, shall apprsse and
lay off to the judgment debtor, such articles of
| l,olE
select, to the value of five hundred dollars which
articles shall be exempt from said levy.
| Sec IS. Return Of he same. Return shall be
made Ofsuch appraisal and setting Off of personal
property IN the same manner as is required in
section four OF this act upon the laying off of
homestead exemption
| Sec. IA. Who to be appraisers. The persons
summoned to apprnise the personal prop
| erty exemption shall take the same oath and
be entitled to the fees as the ap praisers Of
| the hon estead, and when both exemptions are
| claimed by the judgment debtor at the same
| time.
! Sec. 15 Tracts not contiguous included. Differ
ent tracts or parcels of land not contiguous, may
| &c included in the same homestead, Wien a
homestead of contiguous lands is not of tn value
of one thousand dollars.
! Sec. 16 Costs hooo charged. The cost and ex-
| penses OF appraisEg and laying off the homestead
| or personal property exemption, when the same
| is made under execution, sh0ll be charged and
included in the officers bill of fees upon such
| ecution or other final process; and when made
upon the petition of the owner they shall be paid
| by such owner and the latter cost shall be lien
| on said homestead
Sec. II. Liability Of officer. Any officer making
! q levy who shall refuse or ne3lect to summon and
| qualify appraisers heretofore provided for or
who shall fail to make due return OF their procee-
| dings, or who shall levy upon the homestead set
off by said appraisers or assessors las the case
may be- except al herein provided shall be liable
| to Indictment for a misdemeanor, and he and his
sureties shall be liable to the owner of said home
stead for all costs and damages In civil action.
Sec. 49, Liability Of appraiser ANY officer or
| appraiser assessor las the case may be, who
shall witully corruptly conspite with any judg-
| ment debtor, or other appraiser Or assessor Gas
| the case may be- to undervaiue the homestead or
personal property exemption of such debtor. or
| shall assign false metes and bonds or make or
procure to be made q false and fraudulent return
thereof, shall be liable to indictment for INSIDE
mesnor and shall be snswerable to the judgment
| creditor for all costs and damages in q civil &C
ton.
| Sec. 49, Any officer appraiser or assessor who
shall wilfully or corruptly conspire with any judg-
ment creditor or other appraiser or assessor tc
overvalue the homestead or personal property ex
emption of any debtor or applicant. or shall assign
false metes and boundaries or make Or procure t
be mace false and fraudulent return thereof, shall
be liable to indictment for misdemeanor anC
shall be answerable to the party injured for al
costs and damage in civil action.
Sec. 20. Judgment creditor dissatisfied. II the
INDICTMENT creditor for whom the levy Ia made, Oh