The weekly North-Carolina standard., 1869-04-14
APRIL II, 1869.
THE HOMESTEAD.
An Act to lay off the Homestead and
Personal Property Exemption.
The General assembly Of North Carolina do

NO Ucheof0e <1oooWoty " 1S0TW CdTOeHtU 10
enact as follosos:
Section 1. Homestead, phen and hou er-
empted. Whenever the real estate of any
resident in this State shall be levied on by
virtue of any execution, or any other final
process, obtained on any debt, such portion
thereof as may be occupied by the owner as
an actual homestead, and which he may
then elect to regard as such, including the
dwelling and buildings thereon, shall be
exempt from such levy, except under an exc
cution or other final process issued tor the
collection of debt contracted:
1. For purchase of said homestead
- 2. For such work and labor done for. the
owner of the homestead, as may constitute
laborcr's lien.
8. For such labor done on the premises as
may constitute mechanics lien.
4. For taxes accruing on said homestead
Sec. 2. Sheriff to summon appraisers Be
fore levying upon any homestead thus owned
and occupied, the sheriff or other officer
charged with such levy shall summon three
discreet persons, qualified to act as jurors,
to whom he shall administer the following
oath: 81, A B, do solemnly swear Tor af-
firm that have no interest, near or remote,
in the homestead exemption of G D, and
that will faithfully perform the duties of
appraiser or assessor, as the case may be.
in valuing and laying off the same. So help
me God"
Sec. 8. Duty Of appraisers The said ap-
praisers shall thereupon proceed to value
the homestead, with its dwelling and build.
ings thereon, and lay off to said owner such
portion as he may select, or any agent, at
torney, or other person, in his behalf, not
exceeding in value one thousand dollars, and
to fix and describe the same by metes and
bounds.
Sec. 4. appraisers to make return They
shall then make and sign in the presence of
the officer, a return of their proceedings,
setting forth the property exempted, which
shall be returned by the officer to the clerk
of the court for the county in which the
homestead is situated, and fled with the
judgment roll in the action, and minute OF
the same entered on the judgment docket.
Sec. 5. The kpy to be made on excess.
The levy may be made upon the excess of
the homestead, not laid off according to
the provisions of this act, and that the Off
Ger shall make substantially the following
return upon the execution: "a, B,C, D and
F summoned and qualified as appraiser
or assessor (as the case may beg, who set off
to x Y the homestead exempt by law.
Levy made upon the excess"
Sec. 6. appraisers to elect. In case no
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 such election for him,
including always the dwelling and build
ings used Herewith.
Sec. T. That whenever any resident of this
State may desire to take the benefit of the
homestead and personal property exemption
as guaranteed by article X of the Constitu-
tion of this State, such resident (or 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 appoint
as assessors three disinterested persons quail
fed 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 in section two of
this act for appraisers, before some official
authorized to administer an oath, lay off
and allot to the applicant homestead, with
metes and bounds, according to the appli-
cant's direction, not to exceed one thousand
dollars in value, and make and sign de-
scriptive account of the same and return it
to the Office of the Register of Deeds.
Sec s. That said assessors shall set apart
OF the personal property of said applicant,
to be by him selected, articles of personality
not exceeding IN value the sum OF five hun
dred dollars, and make and sign descrip-
tive list thereof, and return the same to the
Register of Deeds.
Sec. 8. That it shall be the duty of the
Register of Deeds to endorse on each of
said returns the date when received for reg
istration, and to cause the same to be regis
| tered without unnecessary delay. The said
Register shall receive for registering the said
returns the same fees that may be allowed
him by law for other similar or equivalent
| 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. 10. That if any person entitled to
homestead and personal property exemption,
die without having had the same set apart,
his widow, if he leave one, then his child
and children under the age of twenty one
years, if he leave such, may proceed to have
said homestead and personal property ex-
emption laid off to her, him or them, accord
ing to the provisions OF sections seven and
eight of this act.
Sec. II. That when any person entitled to
homestead and personal properly exemp-
tion, shall file his or her petition before
justice OF the peace, TO nave the same lald OH
ana set apart Gnaer tue provisions , ,oi sec
tlons seven, elght, nine ana ten OF TINS act,
the said justice shall make advertisement at
the court house q door OF Tue county IN winch
the petitlon Is nled, notilying all credltors
OF SAID appncahe OF tne time ana pace
| when and Where the sald petition Will be