The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1893-02-02
70 ABOLISH THE HOMESTEAD
H0n. c, B, Watson Introduces 4 Bill in
tic Legislature
10 AMEND THE CONSTITUTION
So That the More Obnoxious features
of the Homestead Law May Be
Done Away With-It Shall Not Be
Retrospective in its Operation
The Time SET For IFS ad.pt,no

Retrospective i'm its Operation
The Time Set For Its Adoption.
There has long been clamor for
the repeal OF the Homestead law in
North Carolina, by which 500 worth
Of personal. and $1,000 worth of real
property may be exempted from liabil-
ity to payment foRdebts.
In order to more clearly comDre-
bend the provisions of Hon. C. B.
Watson's bill in the North Carolina
House of Representatives the sub
stance Of several Of the more impor-
tant sections of Article Y of the Con-
StitutiOn is given:
Sec l. EXEMPTION OF PERSONAL
PROPERTY.
The personal property of any resi-
dent Of this State to the value of 5000,
to be selected By such resident, shall
be exempted from sale under execu-
tion, or other final process of any
court, issued for the collection of any
debt.
Sec. ,. HOMESTEAD.
Every Homestead and the dwellings
and buildings used Herewith, not eX-
ceeding in value 81, 900, to be selected
by the owner thereof, or in lieu there
Of, at the option of the owner, any lot
in city. town or village, with the
dwellWing and buildings used thereon,
owned and occupied by any resident of
this State. not exceeding the value
of 81 ,0e0, shall be exempt from sale
under execution. or other final process
of the courts.
Sec. 3. HOMESTEAD EXEMPT FROM
DEBT.
The homestead. after the death of
the owner thereof, shall be exempt
from the payment of any debt during
the minority of his children or any
one OF them.
Sec. +. LABoRERs' Lien.
The provisions of sections one and
two Of this article shall not be so con-
strued as to prevent ldborerS' lien
for work done and performed for the
person claiming such exemption or
mechanics lien for work done in the
premises.
Sec. ,. BENEFIT OF WIDOW.
If the owner of a homestead die,
leaving a widow, but no children, the
same shall be exempt from the debts
of her husband. and the rents and
profits thereof shall inure to her ben
eft during her widowhoOd, unless she
be the owner of d homestead in her
own right.
The bill introduced by Mr.. Watson
provides:
That section four AZ CT article ten
(10) of the Constitution of the State
be stricken out. and the following
substituted in lieu thereof, to-wit:
The exemptions from the sale IN
der execution and exemptions from
debt dS provided in sections one ~,
two ~, three 81 and five ~ of this
article shall not apply and shall not
be construed to apply to the follow
ing debts, contracts and liabilities, to-
wiz:
a. There shall be no property ex-
empt from sale to satisfy a Judgment
obtained in an action for injury to
person, to property, or to character.
~ There shall be no property eX
empt from sale to satisfy judgment
upon a claim for building materials
furnished to improve the real estate
of the debtor nor for materials fur
nished by mechanic in repairing the
personal property of the debtor.
(3.( There shall be no property eX-
empt from sale to satisfy judgment
rendered on claim for work and
Ia Dor done by a laboring man or
mechanic, and as an additional securi-
ty for such debts the General Assem-
bly, shall provide for mechanics and
laborers' liens before judgments.
a. There shall be no property ex-
empt from sale to satisfy a judgment
rendered on debt or contract, or for
damages arising out of contract or
other liability, when the person. at
the time of contracting the debt, ex-
ecuting the contract or assuming the
obligation out of which the liability
shall arise, stipulates in writing that
the Homestead and personal property
exemptions of such person are waived.
But the General Assembly may pro-
vide for the allotment of household or
kitchen furniture, working tools and
provisions not to exceed in actual val
ne one hundred dollars, to any debtor
who is householder with a family,
which shall be exempt from sale to
sa sisfy any debt or liability except a
debt for work and labor done notwith-
standing a written waiver.
1t is provided that the bill shall not
be retrospective in its operation and
shall not go into effect until Jan. l,
1895.
This amendment to the constitution
shall be submitted to the people for
ratification in the fall election Of
1894.