Imágenes de páginas
PDF
EPUB

over five hundred dollars in value, also a miner's sluices, pipes, hose, windlass, derrick, pumps, tools, instruments and appliances for mining, not over five hundred dollars in value; also two horses, oxen or mules, and barness, and one month's food for them, when they are necessary to work any of the above machinery; all fire apparatus of companies organized under laws of the State; all arms and equipments required by law to be kept; all public buildings and grounds and offices and their appurtenances, books and papers; the earnings of a debtor for his personal services for the last thirty days, when necessary for support of a family in the State, are exempt.

Homestead. - A quantity of land, with dwelling-house and its appurtenances, not exceeding five thousand dollars in value, to be selected by the owner, is exempt from execution for any debt contracted after July 1, 1851, or at any time out of the State. This exemption, however, does not extend to mechanic's or vendor's lien, or any lawfully obtained mortgage, or to liability for taxes ; Beven or more persons may form a homestead association, and the shares, deposits or assessments of any person therein, to the par value of one thousand dollars, are exempt.

If the plaintiff so require, appraisers may be appointed to value the homestead. If the lot is two thousand five hundred square yards, or less, and with improvements is valued at more than five thousand dollars, either the excess or the whole may be sold; in the latter case no bid can be received for less than five thousand dollars, and the amount exempt must be paid to the defendant. If the lot exceed two thousand five hundred square yards, and five thouBand dollars in value, the appraisers must set off land, including the dwelling-house, to the value of five thousand dollars. The defendant may also designate such personal property as is exempt by law. Upon the death of the head of the family, the same benefits accrue to his wife and children.

MINNESOTA.-- Personal.The family Bible, family pictures, school-books or library, and musical instruments for use of family; a seat or pew in any house or place of public worship; a lot in .any burial-ground; all wearing apparel of the debtor and his family; all beds, bedsteads and bedding, kept and used by tho debtor and his family; all stoves and appendages; all cooking utensils, and all other household furniture not herein enumerated, not exceeling five hundred dollars; three cows, ten swine, one yoke of (sen, and one horse in lieu of one yoke of oxen and a horse, a span of horses or mules, twenty sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth; the recessary food for all the stock mentioned in this sec. tion, for one year's support, either provided or growing, or both, 28 the dobtor may choose; also one wagon, cart or drag, one sleigh, two ploughs one drag, and other farming utensils, includ. ing tackle for teams, not exceeding three hundred dollars in value; the provisions for the debtor and his family necessary for one year's support, either provided or growing, or both, and fuel necessary for one year; the tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or busines, and in addition thereto, stock in trade not exceeding four hundred dollars in value; the library of any professional man; all of which articles hereinbefore intender to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be.

Nothing in this act shall be so construed, as to exempt ang property in this State from execution or attachment for clerks, laborers or mechanics' wages.

Homestead.--Any quantity of land not exceeding 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 instead thereof, at the option of the owner a quantity of land not exceeding in amount one lot, being withic an incorporated town, city or village, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of this State, shall not be subject to attachment, levy or sale upon execution or any other process, issuing out of any court within this State. This section shall be deemed and construed to exempt such homestead in the manner aforesaid, during the time it shall be occupied by the widow, or minor child or children, of

any

deceased person, who was, when living, entitled to the benefits of this act. This exemption, however, does not extend to any mortgage thereon, lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall 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 thereof.

OREGON.—Personal.—- Books, pictures and musical instruments, owned by any person to the value of seventy-five dollars ; neces. sary wearing apparel owned by any person to the value of one hundred dollars, and is such person be a householder, for each member of his family to the value of fifty dollars; the tools, implements, apparatus, team, vehicle, harness or library, necessary to enable any person to carry on the trade, occupation or profession by which such person habitually earns his living, to the value of four hundred dollars ; also sufficient quantity of food to support such team, if any, for sixty days. The word team in this subdivision, shall not be construed to include more than one yoke of oxen, or a pair of horses or mules, as the case may be to each householder, ten sheep, with one year's fleece, or the wool or

[ocr errors]

cloth manufactured therefrom; two cows and five swine; housegold goods, furniture and utensils, to the value of three hun.ired dollars ; also food sufficient to support such animals, if any, for three months, and provisions actually provided for family use, and necessary for the support of such householder and family for bix months; the seat or pew occupied by a bouseholder or his family in a place of worship; but no article of property mentioned, shall be exempt from execution issued on a judgment fo: ts price, or upon a mortgage thereon. Homestead.- When

person shall die, leaving a widow, minor child or children, the widow, child or children, shall, until lotters have been granted, and the inventory returned, be entitled to romain in possession of the homestead, and of all the wearing apparol of the family, and of all the household furniture of the deceased, and shall also be entitled to a reasonable provision for their support, to be allowed by the probate judge. Upon the return of the inventory, the court shall set apart, for the use of the widow, minor child or children, all the property of the estate by law exompt from execution. If the amount thus exempt be ip Bufficient for the support of the widow and minor child or children, the Probate Court shall make ench further reasonably allowance out of the estate as may be necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate ; but no such allowance shall be mado after one year from the granting letters testamentary or of administration. Any allowance made by the court in accordance with the above provisions, shall be paid by the executor or administrator, in preference to all other charges, except funeral charges, and expenses of administration. When property shall have been set apart for the use of the family, in accordance with the foregoing provisions, if the deceased shall have left a widow and no minor children, such property shall be the property of the widow; and if he shall bave left also a minor child or children, one half to the widow and the remainder to such child, or in equal shares to such children, if there are more than one ; if there be no widow, then the whole shall belong to the minor child or children. If, on tho return of the inventory of any intestate's estate, who died leaving a widow or minor children, it shall appear that the value of the estate does not exceed three hundred dollars, the Probate Court shall, by decree for that purpose, assign for the use and support of the widow, or minor child or children of the intestate, or il thero be no widow, to the child or children, the whole entale, aftor tho payment of tho funeral exponses, and tho expenses of administration

KANSAE.-- Personal.--The family bible ; family pictures, school books or library and musical instruments for use of family; a seat or pew in any house or place of public worship; a lot in any buriai ground; 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 household furniture not herein enumerated, not exceeding five hundred dollars; three cows, ten swine, one yoke of oxen and one horse, or, in lieu of one yoke of oxen and one horse, a span of horses or mules; twenty sheep, and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for all the stock mentioned, for one year's support, either provided or growing, or both, as the debtor may choose; also, one wagon, cart or dray, one sleigh, two ploughs, one drag, and other farming utensils, including tackle for teams, not exceeding three hundred dollars in value; the provisions for the debtor and bis family necessary for one year's support, either provided or growing, or both, and fuel necessary for one year; the tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or business, not exceeding three hundred dollars in value, and, in addition thereto, stock in trade, not exceeding four hundred dollars in value; the library and implements of any professional man; all of which articles, hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be. Nothing in this act shall be 80 construed as to exempt any property in this State from execuition or attachment for clerks', laborers' or mechanics' wages.

Homestead.- A homestead, consisting of any quantity of land not exceeding 160 acres, for agricultural or horticultural purposes, 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 instead thereof, at the option of the owner, a quantity of land, not exceeding in amount one acre, being within an incorporated town, city or village, and the house thereon, and its appurtenances, the whole not exceeding in value one thousand dollars, owned and occupied by any resident of this State, being the head of a family, shall not be subject to attachment, levy or sale upon execution, or any other process issuing out of any court within this State. This section shall be deemed and construed to exempt such homestead, in the manner aforesaid, during the time it shall be occupied by the widow or minor child or children of any deceased person who was, when living, entitled to the benefit of this act. Such exemption shall not extend to any mortgage, or any instrument in the nature thereof, lawfully obtained, but such inortgage or other alionation

[ocr errors]

or incumbrance of such land, by the owner thereof, if a married man, shall not be valid without the signature of the wife of the same, unless such mortgage or other instrument shall be given to secure the payment of the purchase money, or some portion thereof.

NEBRASKA.Personal.The family Bible; family pictures, school books and library for the use of the family; a seat or pow in any house or place of public worship; a lot in any hurial ground; all necessary wearing apparel of the debtor and his family; all stoves and appendages put up or kept for the use of the debtor and his family, not to exceed four; all cooking uten. sils, and all other household furniture not herein enumerated, to be selected by the debtor, not exceeding in value one hundred dollars; one cow, three hogs, and all pigs under six months old, and if the debtor be at the time actually engaged in the business of agriculture, in addition to the above, one yoke of oxen, or a pair of horses in lieu thereof; ten sheep, and the wool therefrom, either in the raw material or manufactured into yarn or cloth; the necessary food for the stock mentioned above for three months; one wagon, cart or dray, two ploughs and one drag; the necessary gearing for the team herein exempted, and other farming implemeuts not exceeding fifty dollars in value; provisions for the debtor and his family necessary for six months' support, either provided or growing, or both, and fuel necessary for six months; the tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or business; the library and implements of any professional man; all of which articles, hereinbefore intended to be excmpt, shall be chosen by the debtor, his agent, clerk or legal representative.

All heads of families, who have neither lands, town lots, or houses subject to exemption to a homestead, under the laws of this State, shall have exempt from forced sale on execution the sum of two thousand dollars in personal property.

Homestead. Any quantity of land not exceeding one hundi red and sixty acres, ana 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, instead thereof, at the option of the owner, a quantity of contiguous laud, not exceeding in amount two lots, being withir .n incorporated town, city or village, and the swelling house thereon and its ap purtenances, owned and occupied by any resident of the State, shall not be subject to attachment, levy or sale, upon execution or any other process issuing out of any court within this state, 80 long as the same shall be owned and occupied by the debtoi 88 euch honestead. This section shall be deemed and crostried

« AnteriorContinuar »