The Red Cloud chief., 1875-04-07
THE REQ CLOUD CHEF.
NESDAY APRIL Z. 1875
AN


braska.
SECTION /. Be it enacted by the
Legislature of the State of Nebraska.
That the family homestead OF each
head of a family, consisting Of apy
quantity of land rot exceeding one
hundred and sixty acres, and the
dwelling house thereon, snd Its ap-
purtenanees. shall be exempt from
attachment, levy, sale upon execu-
ton or other process issuing out OF
o court 10 tho State, so long as the
came shall be owned and occupied by
the debtor rs suck homestead PRO
yIpED, That such homestead and
appurtepances situated thereon shall
not exceed two thousand dollars ir
valne.
I, SEC. 9. Thhe officer executing any
wit Of attachment, or execution, on
application Of the debtor, or his wife /;
agent or attorney, is such debtor has a
family, and If the lands or tenemcnts
about 10 be levied on. or in any part
or marcel thereof. shall be the home
stead thereof shall cause tie appraiser
selected by him to appraiso the lands
so to be levied upon after having been
duly sworn. to set of to such debtor
by metes and bounds, a Homestead
not exceeding two thousand dollars IN
value, and the assignment Of the
homestead SO made by the appraisers.
shall be returpei by such officers along
with his writ, and entered Of record
ia the clerks Office from which such
writ has issued. and if no complaint
DC made by either party, no further
proceedings shall lie had against the
homestead, but the remainder OF the
debtors lands and tcncments, 1t any
more he shall be liable to levy and sale
as otherwise provided by law; PRO
yIpED, That upon complaint OF eth
er party. and upon good cause shown
the court out of which the writ vas
issued may order a re-appraisement
and re-assignmcnt Of the homestead ;
PROVIDED ALSO, That in case no ap-
plicaticn DO made as aforesaid during
the lifetime of the debtor, such ap.
plication mly lie made by the widow
of the judgment debtor at any time
before sale.
SEC. 3 On petition ofexecutors or
administrators to sell the lands OF any
decedent to pay debts, who shall have
left a widow and minor child, or chill
dren, unmarried and composing a part
of decedent's family at the time Of his
death, the appraisers shah proceed to
set npart a homestead in the same
manner as provided in the preceding
section, and the same shall remain
exempt from sale on execution under
any order of such court, so long IS any
unmarried children shall reside there
on, although the widow may have
previously died, ard tie unmarried
child or children Of any decedent,
actually residing on the family home
stead, shall be entitled to hold the
same exempt from sale upon execution
as herein provided for. although the
parent from whom the same descend
ed may have left no wife or husband
surviving.
SEC, 4. Every widower, or widow
having an unmarried minor caild. or
children residing with him or her, or
supported by him or her, as a part OF
his or her family. shall have the bene-
fit Of this act, in the same manner a;
married persons. Aud married per
sons living together as husband and
wife, shall be entitled to the exemp-
ton of this act: PROVIDED, al
though they may have no minor chill
dren.
SEC. 5. Any person owning 8
dwelling house occupied as a family
homestead, shall be entitled to the
benefit Of this act, although the title
to the land on which the same may be
built shall be 10 another ; and lessee.
shall be entitled to the benefit of this
act, in the same n as owners Of
the freehold or inheritance ; PRovID
ED nothing herein contained shall be
construed to prevent a sale of the fee
simple, subject to such leave
SEC s. Whenever the homestead
Of any debt or in exc cuticn shall con
sist of a house and lot Of land, which,
in the opinion of the appraisers, vii
not bear division without manifest TO-
jury and Inconvenience, the plaintiff
10 execution shall receive in lieu Of the
proceeds Of sale of the homestead
the amount over and above three hun
dred dollars annually, of which shall
be adjudged by the appraisers as 8
fair and reasonable rent for the same
The said rent over and above the sand
three hundred dollars shall be payable
in quarterly payments, commencing
three months from the time of the
levy of the execution, and the said
rent shall be paid to the clerk or the
court from which the writ was issued
for the benefit of the plaintiff in Z
cution. Aud in case the said rent l.
not paid quarter yearly, as above pro
vided for, within twenty days ate