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1. The wearing apparel of such person or family: the beds, bedsteads, and bedding necessary for the use of the same; one cooking stove and pipe; one stove and pipe used for warming the dwelling; and fuel sufficient for the period of sixty days, actually provided and designed for the use of such person or family.
2. One cow, or if the debtor owns no cow, household furniture to be selected by him or her not exceeding forty dollars in value; two swine, or the pork therefrom, or if the debtor owns no swine, household furniture to be selected by him or her not exceeding fifteen dollars in value, six sheep the wool shorn from them, and the cloth or other articles manufactured therefrom, or in lieu thereof, household furniture to be selected by the debtor, not exceeding twenty dollars in value; and sufficient food for such animals for the period of sixty days.
3. The bibles, hymn-books, psalm books, testaments, school and miscellaneous books used in the family, and all family pictures.
4. Provisions actually provided and designed for the use of such person or family, not exceeding fifty dollars in value, to be selected by the debtor, his wife, agent or some member of the family, and other articles of household and kitchen furniture, or either, necessary for such person or family to be selected as aforesaid, not exceeding two hundred dollars in value.
5. One sewing machine, one knitting machine, one gun or pistol, and the tools and implements of the debtor, necessary for carrying on his trade or business, whether mechanical or agricultural, to be selected by him or her, not exceeding one hundred and fifty dollars in value.
6. The personal earnings of the debtor, and the personal earnings of his or her minor child or children, for three months, when it is made to appear, by the affidavit of the debtor, or otherwise, that such earnings are necessary to the support of such debtor, or of his or her family, and such period of three months shall date from the time of issuing any attachment or other process, the rendition of any judgment, or the making of any order, under which the attempt may be made to subject such earnings to the payment of a debt.
7. All articles, specimens, and cabinets of natural history, or science whether animal, vegetable, or mineral, except such as may he intended for show or exhibition for money or pecuniary gain.
Sec. 2. Every person who is engaged in the business Person carrying of draying or carrying property from place to place with
one horse and wagon for a livelihood, shall in addition to the exemptions specified in the preceding section, hold one horse harness dray, or wagon exempt from execution. Every head of a family who is engaged in the business of agriculture shall in addition to the exemptions provided for in the preceding section, hold exempt from execution or attachment two horses, or one yoke of cattle with the necessary gearing for the same and one wagon, and every head of a family who is engaged in the practice of medicine, shall, in addition to the exemptions specified in said section, hold one horse, one saddle and bridle, and also books, medicines and instruments pertaining to his profession, not exceeding one hundred dollars in value, exempt from execution.
Sec. 3. Every unmarried woman may hold the following property exempt from execution, attachment, or sale, to satisfy any judgment or order, to wit:
1. Wearing apparel to be selected by her, not exceeding in value one hundred and fifty dollars.
2. One sewing machine.
5. A bible, hymn-book, psalm book, album, and any other books not exceeding in value fifty dollars.
Sec. 4. Any person being the head of a family engaged in the practice of law, shall, in addition to the exemption in this act enumerated be entitled to hold exempt from levy or sale, books pertaining to his profession, not exceeding in value five hundred dollars.
Sec. 7. Any beneficiary fund not exceeding five thousand dollars," set apart, appropriated, or paid, by any benevolent association or society, according to its rules, regulations, or by-laws, to the family of any deceased member, or to any member of such family, shall not be liable to be taken by any process or proceedings, legal or equitable, to pay any debts of such deceased member.
Sec. 8. The regalia, insignia of office, journals of proceedings, account books, and the private work, belonging to any benevolent society in this territory, shall be exempt from seizure or sale to satisfy any judgment or decree hereafter rendered against such society.
Sec. 9. All property used, or kept to be used by any municipal corporation or fire company, for the purpose of extinguishing fire, shall be exempt from execution and sale to satisfy any judgment or order arising upon contract or otherwise, but the owner thereof may create valid liens thereon by bill of sale or mortgage.
&c., of societies
Party living with
Sec. 10. This act shall be so construed as to apply to Maonstructed. De all species of indebtedness, against exempted property except taxes, and no property shall be exempted from the payment of taxes, lawfully assessed against it.
Sec. 11. In all cases where it is necessary to ascertain value of proper the amount or value of personal property, exempt under this act, it shall be estimated and appraised by two disinterested householders of the county to be selected by the officer holding the execution or attachment, and by him sworn to impartially make such appraisement.
Sec. 12. The provisions contained in this act with Appunto all respect to exemptions, shall apply to all the courts in this territory, including justices of the peace.
Sec. 13. Husband and wife, widow or widower living with an unmarried daughter or unmarried minor son, may hold exempt from sale or judgment or order, a family homestead, not exceeding one thousand dollars in value, and the husband, or in case of his failure or refusal the wife shall have the right to make the demand therefor: but neither can make such demand, if the other has a homestead. The provisions of this section shall not apply or extend to a judgment or decree rendered on a mortgage executed by the debtor and his wife, nor to impair the lien by mortgage or otherwise, of the vendor for the purchase money of the premises in question, nor the lien of a mechanic or laborer or other person under any statute of this territory, for materials furnished or labor performed in the erection of the dwelling house thereon or in the repair or improvement of such dwelling house.
Sec. 14. A person owning the superstructure of a Building on dwelling house occupied by him or her as a family homestead, though the title to the land upon which the same is built is in another, and also lessees, shall be entitled to the benefit of the preceding section, in the same manner as the owner of the freehold or inheritance, but this section shall not be construed to prevent a sale of the fee simple subject to the lease.
Sec. 15. On petition of executors or administrators Executors shall to sell, to pay debts, the lands of a decedent who has left a widow, and a minor child unmarried, and composing part of the decedent's family at the time of his death, the appraisers shall proceed to set apart a homestead, as provided in the next section, and the same shall remain exempt from sale on execution or attachment, and exempt from sale under any order of the court, so long as any unmarried minor child resides thereon, although the widow die, and the unmarried minor child or children of a dece
Officer shall set
dent, actually residing on the family homestead, shall be entitled to hold the same exempt from sale on execution or attachment, although the parent from whom the same descended left no wife or husband living.
SEC. 16. The officer executing any writ of attachment, or execution founded on any judgment, order or decree; shall on application of the debtor his wife, agent or attorney, at any time before sale, if such debtor has a family and if the lands or tenements about to be levied upon or any part or parcel thereof, constitute the homestead thereof, cause the inquest of appraisers, upon their oaths, to set off to such debtor, by metes and bounds, a homestead not exceeding one thousand dollars in value: such assignment of the homestead shall be returned by the officer along with the writ and at the next succeeding term of the district court, the officer holding such writ shall return said assignment of homestead to the clerk thereof, the same to be entered on the records of said court, and if no complaint be made by either party, no further proceedings shall be had against the homestead, but the remainder of the debtor's lands and tenements if any there be, shall be liable to sale on execution.
Upon complaint of either party, and upon good cause shown the court out of which the writ issued may order a reappraisement and assignment of the homestead: but if no application be made during the life time of the debtor, it may be made by the widow of the judgment debtor, at any time before sale.
Sec. 17. When the homestead of a debtor in execution or attachment, corisists of a house and a lot of land which in the opinion of the appraisers, will not bear division without manifest injury and inconvenience, the plaintiff in execution shall receive in lieu of the proceeds of a sale of the homestead, the amount over and above one hundred dollars, annually adjudged by the appraisers as a fair and reasonable rent for the same, until the debt, costs and interest are paid. The rent over and above one hundred dollars, shall be payable in quarterly payments, commencing three months from the time of the levy of the execution, or seizure under any final orderor judgment, and may be paid to the judgment creditor, or to his assigns or to the sheriff, or clerk of the court of the county, wherein the homestead is situated, and the person paying the same shall receive a proper receipt therefor, and entry made on the cash book without charge. If the rent be not paid quarterly, as above provided or within ten days after each and every payment becomes due, the officer shall proceed and
When property, cannot be divided.
charged with liens.
sell the homestead, in the same manner as is provided in other cases for the sale of real estate but it shall not be sold for less than its appraised value. The plaintiff in execution, the judgment debtor, or any other person to whom, under the laws of this territory, such homestead has been set off, may cause the homestead to be re-appraised once in two years, in the same manner as is provided for in the
preceding section, and the rent shall after such re-appraisement be paid in accordance therewith, and if such re-appraisement be made at the instance of the plaintiff in execution, and the appraisement be not increased one hundred dollars over the amount of the next previous appraisement, the costs thereof shall be paid by the plaintiff in execution but in all other cases the costs of the re-appraisement shall be taxed as costs in the original case.
Sec. 18. When a homestead is charged with liens Homestead some of which as against the head of a family, or the wife preclude the allowance of a homestead to either of them, and others of such liens do not preclude such allowance, and a sale of such homestead is had then, after the payment, out of the proceeds of such sale, of the liens so precluding such allowance, the balance, not exceeding five hundred dollars, shall be awarded to the head of a family, or the wife, as the case may be, in lieu of such homestead, upon his or her application, in person, or by agent or attorney,
Sec. 19. Any resident of this territory, who is the Householder not head of a family, and not the owner of a homestead, may hold exempt from levy and sale real or personal property to be selected by such person, his agent or attorney, at any time before sale, not exceeding five hundred dollars in value, in addition to the amount of chattel property otherwise by law exempted.
Sec. 20. No sale of real estate made under a mortgage Mortgenoties which is not executed by the wife of the debtor, if he has a wife, shall in any manner affect the right of the debtor's wife or family to have a homestead set off under the provisions of this act.
Sec. 21. Nothing in this act shall be so construed as Right of dower. in any way to impair the right of dower, or community interest provided by law for enforcing that right.
Sec. 22. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.
Approved February 24, 1887.