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Homestead Exemptions.

Bec. Art

provements as may be made thereon from time to time, except for taxes, for the purchase-money of the same, for labor done thereon, for material furnished therefor, or for the re

inoval of incumbrances thereon, 3. Par. I. The debtor shall have power

to waive or renounce in writing his right to the benefit of the exemption provided for in this article, except as to wearing apparel, and not exceeding three hundred dollars worth of household and kitchen furniture, and provisions, to be selected by himself and his wife, if any, and he shall not, after it is set apart, alienate or incumber the property 80 exempted, but it may be sold by the debtor and his wife, if any, jointly, with the sanction of the judge of the Superior Court of the county where the debtor resides or the land is situated, the proceeds be

reinvested upon the same uses. 4. Par. I. The General Assembly shall

provide, by law, as early as practic. able, for the setting apart and valuation of said property, but nothing in this article shall be construed to affect or repeal the existing laws for exemption of property from sale contained in the present code of this State, in paragraphs 2010 and 2019, inclusive, and the act amendatory thereto. It may be optional with the applicant to take either, but not both, of such exemptions.

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amount already set apart, which is less than the whole amount of exemption herein allowed, a sufficiency to make his exemption equal

to the whole amount. 7. Par. I. Homestead and exemptions of personal property which have been beretofore set apart by virtue of the provisions of the existing Constitution of this State, and in a cordance with the laws for the enforcement thereof, or which may be hereafter so set apart, at any time, shall be and remain valid as against all debts and liabilities existing at the time of the adoption of this Constitution, to the same extent that they would have been had said existing Consti

tution not been revised. 8. Par. I. Rights which have become

vested under previously existing laws shall not be effected by any. thing herein contained. In all cases in which homesteads have been set apart under the Constitution of 1868, and the laws made in pursuance thereof, and a bona fide sale of such property has been subsequently made, and the full purchase-prico thereof paid, all right of exemption in such property by reason of its having been so set apart, shall cease in so far as it affects the right of the purchaser. In all such cases where a part only of the purchase-price has been paid, such transaction shall be governed by the laws now of force in this State, in so far as they affect the rights of the purchaser, as though said property had

not been set apart. 9. Par. I. Parties who have taken a

homestead of realty under the Constitution of eighteen hundred and sixty-eight shall have the right to sell said homestead and reinvest the same by order of the judge of the superior courts of this State.

5.

Par. I. The debtor shall have author

ity to waive or renounce in writing his right to the benefit of the exemption provided for in section four, except as is excepted in section

three of this article. 6. Par. I. The applicant shall, at any

time, have the right to supplement his exemption by adding to an

Homestead Exemptions.

Soc. Art.

KANSAS. 9. XV. A homestead to the extent of one hun

dred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists ; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon. Provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.

LOUISIANA. 219. There shall be exempt from seizure

and sale by any process whatever, except AS herein provided, the “homesteads" bona fide owned by the debtor and occupied by him, consisting of lands, buildings and appurtenances, whether rural or ur ban; of every head of a family, or person having a mother or father, å person or persons dependent on him or her for support; also, one work-horse, one wagon or cart, one yoke of oxen, two cows and calves, twenty-five head of hogs, or one thousand pounds of bacon or its equivalent in pork, whether these exempted objects be attached to a homestead or not, and on a farm the necessary quantity of corn and fodder for the current year, and the necessary farming implements to

the value of two thousand dollars. Provided, that in case the homestead

exceeds two thousand dollars in value the beneficiary shall be entitled to that amount in case of a sale of the homestead under any

Soc. Art.

legal process realizes more than that

sum. No husband shall have the benefit of

a homestead whose wife owns and is in the actual enjoyment of property or means to the amount of two

thousand dollars. Such exemptions to be valid shall be

set apart and registered as shall be provided by law. The benefit of this provision may be claimed by the surviving spouse or minor child or children of a deceased beneficiary

if in indigent circumstances. 221. The owner of a homestead shall at

any time have the right to supplement his exemption by adding to an amount already set apart which is less than the whole amount of exemption herein allowed. sufficient to make his homestead and exemp. tion equal to the whole amount

allowed by this Constitution. 222. The homestead shali not be susceptible

of mortgage, except for the purchase-price, labor and material furnished for the building, repairing or improving homestead; nor sball any annunciation or waiver of homestead rights or exemption be valid. The right to sell any property which shall be recorded as a homestead shall be preserved, but no sale shall destroy or impair any rights of creditors therein.

MICHIGAN. 1. XVI. The personal property of every resi

dent of this State, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars, from sale on execution or other final process of any court, issued for the collection of any debt contracted after the adoption of

this Constitution. 2. XVI. Every homesteld of not exceeding

Homestead Exemptions.

Bec. Art.

consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes. or for the payment of obligations. contracted for the purchase of said premises, or for the erection of improvements thereon : Provided. The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife; and laws shall be enacted providing for the recording of such homestead within the county in which the same shall be situated.

Soc. Art.

forty acres of land, and the dwell. ing-house thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of the owner, any lot in any city, village or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling-house thereon, and its appurtenances, owned and occupied by any resident of the State, not excee ling in value fifteen hundred dollars, shall be exempt from forced sale and execution or any other final process from a court, for any debt contracted after the adoption of this Constitution. Such exemption shall notextend 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. 3. XVI. The homestead of family, after the

death of the owner thereof, shall be exempt from the payment of his debts contracted after the adoption of this Constitution, in all cases

during the minority of his children. 4. XVI. If the owner of a homestead die, leav

ing a widow but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.

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2. X. Every homestead, and the dwellings

and buildings used therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and buildings used thereon, owned and occupied by any resident of this State, and not exceeding the value of one thousand dollars, shall be exempt from sale under execution, or other final process obtained on any debt. But no property shall be exempt from sale for taxes, or for payment of obliga tions contracted for the purchase of

said premises. 3. X. The homestead, after the death of the

owner thereof, shall be exempt from the payment of any debt during the minority of his children, or any one of them.

MONTANA. 4. XIX. The Legislative Assembly shall enact

liberal homestead and exemption laws.

NEVADA. 30. IV. A homestead, as provided by law,

shall be exempt from forced sale under any process of law, and shall not be alienated without the joint

Homestead Exemptions.

Sec. Art. 4. X. The provisions of sections one and

two of this article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for

work done on the premises. 5. X. | If the owner of a homestead die, leav

ing a widow, but no children, the same shall be exempt from the debts of her husband, and the rents and profits thereof shall inure to her benefit during her widowhood, unless she be the owner of a home

stead in her own right. 8. X. Nothing contained in the foregoing

sections of this article shall operato to prevent the owner of a homestead from disposing of the same by deed; but no deed made by the owner of a homestead shall be valid without the voluntary signature and assent of his wife, signified on her private examination according to law,

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has not of his own sufficient property to constitute a homestead as hereinbefore provided, said married woman shall be entitled to a like exemption as provided for the head of a family: Provided further, That there shall not be an allow. ance of more than $1,000 worth of real estate and more than $500 worth of personal property to the husband and wife jointly: Provided. That no property shall be exempt from attachment, levy or sale for taxes, or for payment of obligations contracted for the purchase of said homestead or the erection of improvements thereon: Provided, further, That the yearly products of said homestead shall not be exempt from attachment, levy or sale for payment of obligations contracted in the production of the same. It shall be the duty of the General As. sembly at their first session to enforce the provisions of this section by suitable legislation.” (Ratified December 11, 1880.)

SOUTH DAKOTA. 4. XXI. Exemptions. - The right of the debtor

to enjoy the comforts and necessaries of life shall be recognized by wholesome laws; exempting from forced sale a homestead, the value of which shall be limited and defined by law, to all heads of families, and a reasonable amount of personal property, the kind and value of which to be fixed by general law.

SOUTH CAROLINA. “That section 32, article II, of the

Constitution of this State be and is hereby stricken out and the follow

ing inserted in lieu thereof: “The General Assembly shall enact

such laws as will exempt from attachment and sale under any mesne or final process issued from any court to the head of any family residing in this State a homestead in lands, whether held in fee or any lesser estate, not to exceed in value $1,000 with the yearly products thereof; and every head of a family residing in this State, whether entitled to a homestead exemption in lands or not, personal property not to exceed in value the sum of $500: Provided, That in case any woman having a separate estate shall be married to the head of a family who

TENNESSEE. 11. X. A homestead, in the possession of

each head of a family, and the improvements thereon, to the value, in all, of one thousand dollars, shall be exempt from sale under legal process during the life of such head of a family, to inure to the benefit of the widow, and shall be exempt during the minority of their

Homestead Exemptions.

Sec. Art.

children occupying the same. Nor shall said property be alienated without the joint consent of husband and wife, when that relation exists. This exemption shall not operate against public taxes, nor debts contracted for the purchase money of such homestead, or improvements thereon.

TEXAS. 9. XI. The property of counties, cities and

towns owned and held only for public purposes, such as public buildings and the sites therefor, fire engines and the furniture thereof, and all property used or intended for extinguishing fires, public grounds and all other property devoted exclusively to the use and benefit of the public, shall be exempt from forced sale and from taxation : Provided, Nothing herein shall prevent the enforcement of the vendor's lien, the mechanic's or builder's lien, or other Jiens now

existing 6. XIV. To every head of a family without a

homestead there shall be donated one hundred and sixty acres of public land, upon condition that he will select and locate said land, and occupy the same three years, and pay the office fees due thereon. To all single men of eighteen years of age and upwards shall be donated eighty acres of public land, upon the terms and conditions prescribed

for heads of families. 51. XVI. The homesteri not in a tvior city

shall consist of not more than two hundred acres of land, which may be in one or more parcels, with the improvements thereon; the homestead in a city, town or village shall consist of lot or lots, not to exceed in value five thousand dollars at the time of their designation as the

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homestead, without reference to the value of any improvements thereon: Provided, That the same shall be used for the purposes of a home, or as a place to exercise the calling or business of the head of a family: Provided, also, That any temporary renting of the homestead shall not change the character of the same when no other homestead has been

acquired. 50. XVI. The homestead of a family shall be,

and is hereby, protected from forced bale, for the payment of all debts except for the purchase-money thereof, or a part of such purchasemoney, the taxes due thereon, or for work and material used in constructing improvements thereon, and in this last case only wben the work and material are contracted for in writing, with the consent of the wife given in the same manner as is required in making a sale and conveyance of the homestead; nor shall the owner, if a married man, sell the homestead without the consent of the wife, given in such manner as may be prescribed by law. No mortgage, trust deed or other lien on the homestead shall ever be valid, except for the purchase-money therefor, or improvements made thereon, as herein before provided, whether such mortgage, or trust deed, or other lien, shall bave been created by the husband alone or together with his wife; and all pretended sales of the homestead involving any condition of defeasance

shall be void. 52. XVI. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the

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