Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06

publication.
No. aes, Al or I 5Tq9Iis he May c. 1901.
AN ACT to amend sections 1888 and 1884 Of
the statutes Of 1893, and to add a new
section to said statutes to be known as
2994a.
The PEOPLE of the State of Wisconsin rep.
resented in senate and assembly do enact
as follows
Section /. Section 1888 of the statutes of
1898, is hereby amended so as to read as
follows: Section 1888. a homestead to be
selected by the owner thereof consisting,
when not included in any city or village,
of any quantity of land not exceeding forty
acres, used for agricultural purposes, and
when included In any city or village of any
quantity Of land not exceeding one-fOurth
Of an acre and the dwelling house thereon
and its appurtenances owned and occupied
by any resident of this state shall be ex-
empt from seizure or sale on execution,
from the lien of every judgment and from
liability in any form for the debts of such
owner to the amount in value of five thou.
sand dollars, except !aborers, mechanics
and purchase money liens and mortgages
lawfully executed, and taxes lawfully as
sessed and except as otherwise provided in
these statutes, and such exemption shall
not be impaired by temporary removal with
the intention to reOccupy the same as
homestead nor by the sale thereof, but
shall eXtentd to the proceeds derived from
such sale to an amount not exceeding five
thousand dollars, while held, with the in
tention to procure another homestead there
with, for a period not exceeding two years,
Such exemption shall extend to land not
exceeding altogether the amount and value
aforesaid, owned by husband and wife
jointly or in common and to the Interest
therein Of a tenant in common or two or
more tenants in common, having home
stead thereon, with the consent, expressed
or implied, of the co-tenants, and to any
estate less than q fee held by any person
by lease, contract or otherwise.
Section 9 Section 1854 Of the statutes Of
1898 is hereby amended so as to read, when
ever a levy shall be made upon the lands
of any person, such person may notify the
officer making such levy at any time be-
homestead In such lands, giving descrip-
ton thereof. and his estimate Of the value
thereof and the remainder alone shall be
subject to sale under such levy, unless the
plaintiff in the execution shall deny the
right to such homestead or be dissatisfied
with the quantity or estimate Of the value
of the land so selected: If such plaintiff in
the execution Is dissatisfied with the guam
tity selected or the estimate of the value
thereof the officer making the levy. shall
ming at a point to be designated by the
owner and set off in compact form, includ-
ing the dwelling house and appurtenances,
the amount specified IN the preceding sec
said land may have any quantity of land
less than the amount exempted as home
stead under the PROVISIONS of the proceed
ing section, set Off by such survey so as to
bring the value of the premises so claimed
as a homestead, to value not exceeding
the sum of five thousand dollars. After
the opinion of the plaintiff in the eXecu-
ton, the same shall be of greater value
than the sum Of five thousand dollars, the
officer may still proceed to advertise and
soil the said premises so set off, and out of
the proceeds of such sale to pay to the
homestead claimant the sum of FIVE thou
sand dollars and apply the balance of the
proceeds of such sale on the execution;
provided however that no sale shall be
made in the case last mentioned unless a
greater sum than I'VE thousand dollars
shall be bid for said premises. The ex-
penses Of such survey and sale shall be col
fected on the execution, If 1t shall appear
that the owner claimed as his homestead
a greater quantity Of land or land of
greater value than be was entitled to;
otherwise such expenses shall be borne by
the person directing the same. If such sur
vey be made the remainder not included
in such survey, shall be subject to sale I'M
der such levy, but if any person shall neg
lect or refuse to select his homestead and
notify such officer as aforesaid, such officer
shall, upon requests Of the pIaintin in the
execution, and may without sucn request,
give notice to such person that at time
and place to be therein named he will pro-
ceed to survey and locate the same and
unless such person shall on or before the
time so fixed select such homestead, such
officer shall proceed to survey and locate
the same and set the same Off In a com
pact form. including the dWeiilng mouse
and its appurtenances, but in such case he
shall not set off as homestead quantity
of land less in area than is provided for
after such notice, proceeds to select his
homestead, then the provisions of this act
shall apply the same as If he had selected
1t before such notice. homestead SO Sc
lected and set apart by such officer, shall
be taken and considered, to be the home
stead Of such person to all intents and pur-
as hereinbefore stated The costs Of such
notice and survey shall be. collected upon
the execution. A failure Of the officer to
date or effect such levy. except as to such
homestead, nor shall the failure, neglect or
refusal Of such person to select his home
but only his right to select the, same when
such selection shall be lawfully made by
nroyided After sncb homestead is thus set