Chap. 139.—An ACT to exempt the Homesteads of Families from forced
Sales.

Passed April 29, 1807.

1. Be it enacted by the general assembly. That every
householder or head of a family shall be entitled to hold,
exempt from levy, seizure or sale, under any order, execu-
tion, judgment, dceree or other process, rendered or issued
by any court, judge or justice of the peace, a homestead. not
exceeding one hundred and sixty acres of land, including the
buildings thereon, and not excecding the value of twelve hun-
dred dollars.

2. To be entitled to the benefit of this exemption, said
householder or head of a tamily shall declare, by deed duly
recorded in the deed book of the county in which such home-

tead is situated, his intention to claim such homestead, with
a description of the property so claimed as such homestead:
or if it is intended to claim such homestead in property of
greater quantity or value than is specified in the first section
of this act, or in property held in joint tenancy ) COparcenary
or in common, a reasonably certain description of the pro-
perty out of which such homestead is intended to be claimed:
provided, that in case such intent shall be expressed in the
deed or will conveying such property, it shall not be neces:
sary for the householder or head of a family to execute a
deed declaring such intent. A homestead may be claimed in
equitable as well as legal estates.

® Property subject to mortgages, deeds of trust or other
liens, prior to the passage of this act, shall be subject to the
claim of homestead, upon the payment or discharge of such
liens. If partition is necessary in any case in order to ascer-
tain the homestead, the same moy be had as now prescribed
by law, and the commissioners appointed to make partition
shall also assign the homestead—tue homestead in all cases to
ne laid off in one or in contingent lots or tracts of land.

4+. Whenever it is proposed to sell, rent or extend the real
estate of any householder or head of a family, and the leme
stead, shall not have been laid off as prescribed by law, or
shall be charged to be excessive, the officer or person autho-
rized to sell, rent or extend the same, shall summon three
disinterested frecholders not connected with any of the par-
ties, who, after being duly sworn, shall examine the premises
get apart as a homestead for the debtor and his 4 family, and
deliver a written description of the same to the debtor. in order
that the samie may be recorded as the homestead. When the
real estate proposed to be sold, rented or extended, is of
greater value than twelve handred dollars, and is so sitnated
that a homestead cannot be set apart therein, the freeholder
shall certify the fact, and the oflicer shall return such certifi-
cate to the court under whose order he is acting; whereupon,
the court shall order a sale of the whole tract, and out of the
proceeds of the sale, the court shall order its clerk to lay out
the sum of twelve hundred dollars in the purchase of a home.
stead for the family of said debtor, and the surplus to be ap-
plted to the payment of the order or execution under which
the land was sold.

o. The homestead so set apart or purchased, shall not be
mortgaged, encumbered or aliened by the owner, if a married
man, excep} by the joint deed of himself and wife, executed
and acknowledged atter the manner of conveyances of lands
of married wdmen ; but the husband may, without the con-
sent of his wife, mor tgage such homestead for the purchase
money thereof, or for improvements thereon. A homestead
may be sold by the joint act of the husband and wife, or ‘by
the act of the householder, if unmarried, and the proceeds
invested in another homestead ; but the acquisition of a ne
estate of homestead sball determine any prior or other estate
of homestead.

6. To entitle any person to exemption of a homestead, he
or his family shall actually reside thereon; and any homestead
shall be liable to sale for all state, county and corporation
taxeés legally assessed thereon.

7. The homestead exemption provided in this act, shall not
be devised by the householder or head of the family, but after
his dgath shall continue for the benefit of the widow or family
of the deceased, some or one of them continuing to occupy
the same until the death or marriage of the widow, and until
the youngest child becomes twenty -one years of age; after
which period, it shall pass according to the law of descents,
with liability for debts, as other descended real estate.

§. If the wife obtain a divorce from the husband on account
of his fault or misconduct, the title to the homestead shall be
decreed to the wife arid minor children; the same to continue
as prescribed in the seventh section of this act.

. For good cause shown, the court may, upon the return
of the assignment or appraisement made under the fourth
section of this act, appoint new commissioners and order a re-
assignment or re-appraisement of the property claimed as a
homestead, who shall return their proceedings to said court
for its confirmation or rejection.

). Nothing in this act shall exempt any homestead from
any liens or encumbrances by judgment or decree, or from
auy other bona fide debt existing at the time of the passage
of this act; but all other property of the debtor shall be ap-
plied before the homestead shall be subjected.

11. If any such householder or head of a family shall die,
leaving a widow or infant children, and su€h homestead shall
not have been selected or assigned in the lifetime of said
householder, they shall be entitled to claim the same; and the
court shall appoint commissioners to assign the same, ir the
same manner that commissioners are appointed to assign
dower; and it shall be lawful when the homestead becomes
vested in the widow and minor children, or any of them, for
the county or circuit court of the county | in which such home-
stead lies, upon a petition filed for that purpose by the widow
or the infants, by their next friend, to order a sale of the
homestead, and the investment of the proceeds thereof in
ACTS OF ASSEMBLY.

another homestead or otherwise, when it appears to the court
that it is tor the benefit of the parties interested that the
same shall be dene.

12. This act shall be in force trom its passage.