Year: 1873

cult Judge, upon the application of the head
of the family, in the purchase ofahomcstead
of that value. The residue in the hands OF
the sheriff, if any, after paying all expenses
incident to the appraisemcnt and sale OF the
properly, shall be applied by him to any exc
cutions in his hands, according to law : Pro-
palcd, That no sale shall be made unless
greater sum than one thousand dollars shall
be bid therefor: P'opa1erl. further, That II,
after notice, the party claiming the home
stead pays, or causes to be paid, the surplus
over one thousand dollars, he shall, upon re-
cording the return and receipt of the sheriff
for such surplus, endorsed on said return, as
provided in section 2 of this act, hold the
property SO appraised and set off freed and
discharged from all debts and demands then
existing against such party; but, as to such
surplus, not from debts thereafter contracted,
like proceedings to the foregoing being in
such case allowable forthe recovery Of all at
ter contracted debts.


SECTION f. If the husband be dead, the
widow and children ifthe father and mother
be dead, the children living on the home
stead, whether any or all such children be
minors or not, shall be entitled TO have the
homestead so exempted in like man.
ner as if the husband orparents were
living; and the homestead SO exempt
cd shall be subject to partition among
all the children Of the head Of the family in
like manner as if no debts existed: ProUided,
That no partition or sale in that case shall
be made until. the youngest child becomes OF
age, unless, upon proof satisfactory to the
court hearing the case, such sale is deemed
best for the interest of such minor or minors.
SECTION 5. No waiver of the right of
homestead, however, foemly executed. shall
be binding upon the head ofthe family, Or,
in case of his or her death, his or her heirs,
SO as to defeat the homestead herein provld-
cd for


SECTION 6. The personal property of the
head of any family, residing iu this State,
consisting of the yearly products Of his or
her homestead, and Of the property subject
to exemption under the constitution, shall
he exempt from attachment, levy or sale:
Prorided. That, in case the right Of such
exemption be disputed by the creditors, the
officer in whose hands the process is lodged
shall cause the same, to be ascertained' and.
appraised, aud all exempted propeEty so as,
certained and appraised, BY appraisers ap'
pointed and sworn for that purpose, as pro-
vided for in section of this act, shall vest
absolutely in the party. freed from all debts
of the debtor then existing, or thereafter
contracted, whether such debtor retain or
sell the property: Prouae.1, further, Thata
debtor being the head of family, as herein
before started, and not being the owner OF
any homestead, shall be entitled to like
exemption of personal property, as herein
allowed to the owner of "a home stead, to be
ascertained in the same manner


SECTION Z. That the exemptions contain
ed in tho preceding sections OF this act shall
not extend to an attachment, levy or sale on
any mesne or final process issued to secure
or enforce the payment OF taxes or obliga-
tions contracted for the purchase OF said
homestead, or obligations contracted for the
erection of improvements thereon: I>roc'ded
The court or authority issuing said process
shall certify thereon that the same is issued
for some one or more, and no other, OF said
purposes: Proritled, further, The yearly
product of said homestead shall be subject
to attachment, levy and sale to secure and
enforce the payment Of obligations contract
ed in the production of the sane, but
the court issuing the process therefor shall
certify thereon that the same is issued foI
said purpose. and no other.


SECTION 8. Whenever the head of any
family, widow or children shall be entitled
to On estate or right of homestead as herein
before provided, and no process has been
lodged with any officer against such home
stead, the party or parties entitled to such
homestead may apply Vt any time, by
petition to the Judge of the Probate Cout,
to have the same appraised and set off. The
judge of probate shall, thereupon, after CIV
ing public notice by advertising the inten-
ton of such party or parties to have his or
their homesteads set off for thirty days in
paper published in the county where the
land lies, and in case no paper is published
in the county, then by posting the notice on
the door of his office, and in three other
public places, for like length of time, ap-
point three dsinterested persons, resident
in the county, who, having been daily sworn,
shall proceed to appraisc and set of, by
metcs and bounds, such homestead, and
make return to him. If no complaint shall
be made by any creditor, or other person in
tereqtcd, against said appraisal and setting
off of the homestead, within thirty days after
the return of the appraisers, the same shall
be confirmed by the judge and ordered ac-
cordiugly: ProvilrI That no appraise-
ment shall be made or return filed until the
notice has expired. Personal property. to
the extent and Of the kind hcrc'nbeiore
stated, may be exempted and set off in like
manner.


SECTION Q. That one-third Of the yearly
products of every person, not being the head