419 



HOMESTEAD EXEMPTION BILL. 



PASSED APRIL 18, 1850 



Section 1. In addition to the property now exempt by law from 

 sale under execution, there shall be exempt by law from sale on 

 execution for debts hereafter contracted, the lot and buildings 

 thereon, occupied as a residence and owned by the debtor, being 

 a householder and having a family, to the value of one thousand 

 dollars. Such exemption shall continue after the death of such 

 householder, for the benefit of the widow and family — some or one 

 of them continuing to occupy such homestead until the youngest 

 child become twenty-one years of age, and until the death of the 

 widow. And no release or waiver of such exemption shall be 

 valid unless the same shall be in writing, subscribed by such house- 

 holder, and acknowledged in the same manner as conveyances of 

 real estate are by law required to be acknowledged. 



§ 2. To entitle any property to such exemption, the conveyance 

 of the same shall show that it is designed to be held as a home- 

 stead under the act ; or, if already purchased, or the conveyance 

 does not show such design, a notice that the same is designed to 

 be so held, shall be executed and acknowledged by the person own- 

 ing the said property, which shall contain a full description thereof, 

 and shall be recorded in the office of the Clerk of the County in 

 which the said property is situate, in a book to be provided for thai 

 purpose, and known as the " Homestead Exemption Book." Bui 

 no property shall, by virtue of this act, be exempt from sale for 

 non-payment of taxes or assessments, or for a debt contracted for 

 the purchase thereof, or prior to the recording of the aforesaid deed 

 or notice. 



^ 3. If, in the opinion of the Sheriff holding an execution against 

 snch hou?eholder, the premises claimed by him or her as exempt, 

 are worth more than one thousand dollars, he shall summon six 

 qualified jurors of his county, who shall upon oath, to be adminis- 

 tered to them by such Sheriff, appraise sucii premises ; and if, in 

 the opinion of the jury, the property may be divided without injury 

 to the interests of the parties, they shall set off so ranch of said 

 premises, including the dwellino--house, as in their opinion shall be 

 worth one thousand dollars; and the residue of said premises may- 

 be advertised and sold by such Sheriff. 



