Year: 1860




Be it enacted by the Legislature of
The State of Minnesota


Section l. That homestead CONSUL
ting Of any quantity Of land. not exceed
ing eighty acres. and the dwelling house
thereon, and its aPpurtenances, to be
selected by the owner thereof, and not
included in any incorporated town, city
or village, or insted thereof, at the
option Of the owner, aquanity of land
not exceeding in amount one lot being
within an incorporated town city or vii
lage, and their dwelling house thereon,
and its appurtenances, owned and occu-
pied by any resident of this State, shall
not be subject to attachment, levy or
sale upon execution or any other process
issued out of any court within this State
This section shall be deemed and con-
strued to exempt such homestead in the
manner aforesaid, during the time it
shall be occupied by the widow or min
or child or children Of any deceased per-
son who was, when living, entitled to the
benefits OF this act.


See g Such exemption shall not
extend to any mortgage thereon lawful
ly obtained, but such mortgage, or 9TH
er alienation, of such lond by the owner
thereof, if married man, sha not be
valid without the signature of the wife
to the same, unless such mortgage shall
be given to secure the payment Of the
purchase money or some portion there
of.


Sec. 3. Whenever a levy shall be
made upon the lands or tenements Of a
householder, whose homestead has not
been selected and set apart by metes
and bounds, such householder may noti-
fly the officer at the time of making such
levy Of what he regards as his homestead
with description within the limits above
prescribed and the remainder alone
shall be subject to sale under such levy.


Sec. A. If the plaintiff in execution
shall be dissatisfied with the quantity OF
land selected and set apart as aforesaid,
the officer making the levy shall cause
the same to be survey ed, beginning al
a point to be designated by the owner
and set off in compact from, including
. the dwelling house and It's appurtenancse
the amount specified in the first section
of this act, and the expense of such sur
vey shall be chargeable on the execu-
ton and collected thereupon.


Sec. 5. After the survey shall have
been made, the officer making the levy
may sell the property levied upon and
not included in the set off, in the same
manner as provided in other cases for
the sale of real estate on execution, and
in giving deed of the same he may
describe it according to his original levy
excepting therefore by metes and bounds
according to the certificate of the sur
vey, the quantity set off as aforesaid.


Sec. 6. Any person owning and oc-
cupying any house or land not his own,
and claiming, said house as home
stead, shall be entitled to the exemption
aforesaid.


Sec. z. Nothing in this act shall be
construed as exempting any real estate
from taxation or sale for taxes.


Sec. 8. No property hereinafter
mentioned or represented shall be liable
to attachment, execution or sale, or any
final process issued from any court in
this State.


First-The family bible.


Second-Family pictures. school
books or library, and musical instru-
ments for use of family.


/ Third-A seat or pew in any house
or place Of public worship.


| Fourth-A lot in any burial ground.


Fifh-All wearing apparel of the
debtor and his family, all beds, bedsteads
and bedding, kept and used by the
debtor and his family, all stoves and
appendages put up or kept for the use
of the debtor and his family all cooking
utensils, and all other houeshold furni.
ture not herein enumerated, not exceed
; ing five hundred dollars.


Sixth-Three cows, ten swine, one
yoke Of oxen, ane one horse in lieu ol
one woke of oxen and horse, spar
Of mules, twenty sheep and the WOO
from the same, either in the raw mater.
ial or manufactured into yarn or cloth
the necessary good Of all the stock men
toned in this section, for one years
support, either provided or growing, OIL
both, as the debtor may choose also,
, one wagon, cart or dray, one sleigh,
two ploughs, one drag. and other farm
ing utensils, including tackle for teams,
not exceeding three hundred dollars in
value.
Seventh-The provisions for the debt
or and his family necessary for one
years support, either provided or grow
i4 or both, and fuel necessary for
. one year. q
/ Eighth-The tools and instruments ol
any mechanic minor or other persons,
used and kept to the purpose Of carry
ing ont his trade or business and in ad-
} ding thereto stock to trade not exceed
ing four hundred dollars in value the
library aud implements Of any pro-
fessional man all Of which articles
hereinbefore intended to exempt, shall
be chosen by the debtor, his agent,
clerk. or legal representative, as the
case may be.


| Sec. 9. Nothing in this act shall be