The record-union., 1895-05-20
LAWS RELATING TO HOMESHEADS.
They are Very Intricate and Com
pIcated.
W. II. Deylin Elucidates the Subject
Before the Sacramento Code
Club.

twenty of the younger members OF the
local ban for the purpose of making
critical study Of the codes and statutes of
California, and discussing the many IN
tricate aud technical questions which
arise in the practice of the law. In pur-
suance of this object it was recently de-
cided to invite the older and more expe-
rienced members of the bar to denver
lectures on various topics connected with
the law. Whenever an attorney Is known
to have made a careful investigation OF
any particular branch OF the law, or is
thoroughly conversant with any special
subject by reason of his experience, he IS
invited to deliver lecture on that subject.
Accordingly, an invitation was extended
to Attorney w. II. Devlin to deliver
lecture on the subject of "Homesteads,"
which is regarded by lawyers as being
very intricate and complicated one. Re-
Gently Mr.. Devlin delivered the first part
of his lecture and on last Friday evening
devoted his time to the second portion
thereof. In speaking of the object OF
homestead legislation Mr.. Deylin, among
other things, said:
1.-The conservation of family homes is
the purpose of all homestead legislation.
The policy of every State is to foster
promote the general welfare. With this
object in view the State seeks TO protect
their homes from forced sale. so far as
IL can be done without doing injustice to
others. Any head Of family who is to-
day in affluent circumstances may make
unsafe Investments, and thereby In
course OF time become financially
wrecked; but, by complying with the
statutory provisions, he may protect his
home and feel sure that IN whatever
entanglements he may become involved,
or whatever ordinary debts he may have
incurred, the home of his family is safe.
mo creditor has the right to complain
OF the benefcent purpose OF homestead
legislation, because be knows before any
credit is extended that the debtor has the
right to his home, SO that his children
may be reared and eventually become
good citizens.
1.-The permanency of every State de-
pends upon the preservation of the fami-
lies, for every family contains the citizens
OF the future-the men and women who
will preserve the government and insti-
tutions established by their fathers. The
Supreme Court OF California. in a recent
case, declared The ultimate object OF all
legislation respecting the homestead is 10
protect the family in their right to pre-
serve their home, both from their own
improvidence and also from the rapacity
OF l0elI CI6ulbOIs, FlcW "a lulS
fact, it is proper to assume that any legis-
lstion upon the subject of the homestead
is intended for it's protection. Such
statutes, being remedial in their nature,
are to be construed literally, and in favor
OF carrying out the manifest purpose OF
the Legislature, rather than that their
operation be restricted to the strict letter
in which they are framed. The policy of
such legislation has never been ques
Iioned. 1t is in furtherance Of the well
fare of the State that its citizens shall be
a permanent body, whose individual in
terests in its prosperity and development
shall, as far as possible. be identified with
the public Interest
.'ihe Supreme Court OF this State has
again and again declared that all home
stead legislation must be literally con-
strued, so that the beneficent purpose of
the law may be attained. An examina-
tion of the decisions will show that a
great many cases have been decided in
conformity with this rule of liberal con-
struction. The law in every way favors
the establishing of homes and their pro-
lection against creditors after established.
1t must not be inferred that the debtor is
IN any way released from his debts by
reason of any homestead legislation.
1.-THE liability continues, and judgment
may be rendered in any action brought
thereon, but the homestead itself is ex-
in satisfaction of any judgment so OBJ
tanned. The law does provide a means
whereby the excess in values of the stat
utory exemption, which is 81, 900, may be
applied to the satisfaction of a judgment
obtained.
Every provision of the homestead
legislation tends to the rule that the fam
lily home must. if possible, be preserved.
The law favors marriages and abhorS di-
f,hll6rQn rQa1it n
must be supported, maintained and edu-
Gated. and 1or this purpose the laws will
provide for their parents homestead,
where the family may remain intact and
the children may have enkindled in
their hearts love for their home and
consequent devotion to the interests of
the State when they assume the obliga-
tions OF men and women.o
Mr.. Devlln then spoke of the various
statutes of Our Legislature IN reference to
homesteads, and also the various provis-
ions contained in the codes on the sub
ject. He made critical analysis Of these
statutes and code provisions, from the
hrst Act which was passed in 1851 TO the
present time, and explained the various
amendments and changes that have been
made and the reasons therefor. On this
branch of the subject he said:
The first Constitution of our State
contained a provision that the Legislature
should protect by law from forced sale a
certain portion of the homestead and
other property of all heads of families.
This provision of the Constitution was
held by the Supreme Court not TO be self
executory, but that IL required legislation
TO carry out the intent and purpose OF the
Constitution. The same provision is also
contained IN the new Constitution oils
During the session of the Legislature of
1881 the flrst statute In this State on the
Qcfa dc
~ nder this Act actual residence only
was necessary TO constitute a homestead
to the amount OF the statutory exemption.
which was and is yet 5000. No declara-
ton was necessary, anu nothing was re-
qulred 10 be placed on record. In 1860
this statute was amended in various par
ticulars.
The most important amendment, how
ever, was the one requiring homestead
declaration to be made and filed in the
Office OF the County Recorder OF the
county in which the land is situated.
Those who were entitled 10 homestead
under the tirst Act were required to COM
ply with the amendments within year
after Its passage, and a failure to do so
would lnyalidate the homestead. By a
subsequent statute the time in which to
record the declaration by the claimants
under The nrst Act was extended another
year"
MI. DeFlln tnen devoted considerable
time TO an explanation of the various
statutes which were subsequently en-
acted up to the time the codes were
adopted. At the continuation of his
lecture on last Friday evening he devoted
the entire Time TO q consideration of pro-
bate homesteads and homesteads as
affected by probate proceedings. In the
course of his remarks, which lasted two
and q half hours. he reviewed and
anaiyzed between forty and fifty decisions
of the Supreme Court on questions affect
ing this portion OF the subject. This