New appraisement, ed. N. S. deeding pro praised SEC. 1484. If it is made to appear to the probate court when order that any appraisement of property constituting the homestead, or from which it is claimed, is either too high or too low, or is unfairly or fraudulently made, the appraisement, by order of the court, must be annulled and another had, as provided in this article in case of rejection of a report. Instead of Instead of allowing the homestead claimant, or other heirs perty at ap- or devisees, to take the property in this section before menvalue tioned, at its appraised value, as provided in section fourto be order- teen hundred and eighty, the court may, in its discretion or on petition, direct a sale thereof to be had at public auction, after notice of sale given as provided for sales of real estate of a decedent in the course of administration, for the payment of debts or legacies. If more than five thousand dollars is not bid, no sale shall take place, but on report of the facts, the property must be set apart as a homestead. public sale ed, when. Costs, to whomcharg ceeding to SEC. 1485. The costs of all proceedings in the probate eable. N.S. court, provided for in this chapter, must be paid by the Persons suc- estate, as expenses of administration. Persons succeeding by purchase or otherwise to the interests, rights and title of successors to homesteads, or to the right to have homeand rights. steads set apart to them, as in this chapter provided, have all the rights and benefits conferred by law on the persons whose interests and rights they acquire. rights of homestead have all their powers N. S. Certified orders to be SEC. 1486. A certified copy of every final order made in pursuance of this article, by which a report is confirmed, property assigned or sale confirmed, must be recorded in the office of the recorder of the county where the homestead property is situated. PROPERTY EXEMPT FROM EXECUTION. [From Part I, Title IX, Chapter I, Code of Civil Procedure.] SEC. 690. (§ 219.) The following property is exempt from execution, except as herein otherwise specially provided: 1. Chairs, tables, desks and books, to the value of two hundred dollars, belonging to the judgment debtor. 2. Necessary household, table and kitchen furniture, belonging to the judgment debtor, including one sewing machine and one piano, in actual use, in a family, or belonging to a woman; stoves, stove-pipe and stove furniture, wearing apparel, beds, bedding and bedsteads, and provisions, actually provided for individual or family use, sufficient for one month. 3. The farming utensils or implements of husbandry of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses, or mules, for one month; also, all seed grain or vegetables actually provided, reserved or on hand, for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars. 4. Tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal and records of a notary public; the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, with their scientific and professional libraries; the law professional libraries and office furniture of attorneys, counsellors and judges, and the libraries of ministers of the gospel. 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, derricks, cars, pumps, tools, implements and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules or oxen, with their harness; and food for such horses, mules or oxen, for one month, when necessary to be used in any whim, windlass, derrick, car, pump or hoisting gear. 6. Two oxen, two horses, or two mules and their harness; and one cart or wagon, one dray or truck, one coupee, one hack or carriage for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer, habitually earns his living; and one horse, with vehicle and harness, or other equipments, used by a physician, surgeon or minister of the gospel in making his professional visits, with food for such oxen, horses or mules for one month. 7. Four cows with their sucking calves and four hogs with their sucking pigs. 8. Poultry, not exceeding in value fifty dollars. 9. The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or levy of attachment, when it appears, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of his family residing in this State, supported wholly or in part by his labor. 10. The shares held by a member of a homestead association, duly incorporated, not exceeding in value one thousand dollars; if the person holding the share is not the owner of a homestead under the laws of this State. 11. All moneys, benefits, privileges, or immunities, accruing or in any manner growing out of any life insurance on the life of the debtor, made in any company incorporated under the laws of this State, if the annual premiums paid do not exceed five hundred dollars. 12. All fire-engines, hooks and ladders with the carts, trucks and carriages, hose, buckets, implements and apparatus thereto appertaining, and all furniture and uniforms of any fire company or department, organized under any law of this State. 13. All arms, uniforms and accoutrement required by law to be kept by any person. 14. All court houses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the court house, jail and public offices, belonging to any county of this State; and all cemeteries, public squares, parks and places, public buildings, town-halls, markets, buildings for the use of the fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State; but no article or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price or upon a mortgage thereon. An Act to amend an Act entitled "An Act to regulate proceedings in civil cases in the Courts of Justice in this State." Passed April 29th, 1851. Approved April 1, 1872.] (a) SECTION 1. Section two hundred and nineteen of the above entitled act is amended to read as follows: 219. The following property shall be exempt from execution, except as herein otherwise specially provided: 1. Chairs, tables, desks, and books, to the value of two hundred dollars, belonging to the judgment debtor. 2. Necessary household table and kitchen furniture belonging to the judgment debtor, including one sewing machine, stoves, stove-pipe, and stove furniture, wearing apparel, beds, bedding, and bedsteads, provisions actually provided for individual or family use, sufficient for three months, and two cows and their sucking calves, and food for such cows for one month. 3. The farming utensils or implements of husbandry of the judgment debtor; also two oxen, or two horses, or two mules, and their harness, four cows with their sucking calves, five head of hogs, two dozen domestic fowls, one cart or wagon, and food for such oxen, horses, mules, cows, hogs, or fowls, for one month; also, all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars. 4. The tools or implements of a mechanic or artisan, necessary to carry on his trade; the notarial seal and records of a notary public; the implements and chest of a surgeon, physician, surveyor or dentist, necessary for the exercise of their profession, with their scientific and professional libraries; the law libraries of attorneys and counsellors, and the libraries of ministers of the gospel, editors, school teachers, and professors of music; also the musical instruments of a professor of music. 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules or oxen, with their harness; and food for such horses, mules or oxen, for one month, when necessary to be used in any whim, windlass, derrick, car, pump, or hoisting gear; and also, his mining claim actually worked by him, not exceeding in value the sum of one thousand dollars. 6. Two oxen, two horses, and two mules and their harness; 'and one cart or wagon; one dray or truck, one coupee, one hack or carriage, for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer, habitually earns his living; and one horse, with vehicle and harness, or other equipments used by a physician, surgeon, or minister of the gospel, in making his professional visits; with food for such oxen, horses, or mules, for one month. 7. All fire engines, hooks and ladders, with the carts, trucks, and carriages, hose, buckets, implements and apparatus thereto appertaining, and all furniture, uniforms of any fire company or department organized under any law of this State. 8. All arms, uniforms, and accoutrements, required by law to be kept by any person, and one shot or rifle gun. 9. All court houses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances (a) NOTE.-This amendatory act of the late Practice act is here inserted as it has not yet been decided by the Supreme Court of this State, whether the exemptions from execution provided by the Code or those provided by the amendments are in force. Judge Stanley of the County Court of San Francisco in a recent case held, that section 4479 of the Political Code providing that any law passed at the legislative session of 1871-2, which contravenes or is inconsistent with the provisions of either of the four codes, must prevail does not apply to such acts passed at said session as were merely amendatory of previously existing law, but that it only applied to entirely new enactments. The decisions of the Supreme Court is, however necessary to a final settlement of this question. belonging and pertaining to the court house, jail, and public offices belonging to any county of this State; and all cemeteries, public squares and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State; but no article or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon. 10. The earnings of the judgment debtor for his personal service rendered at any time within thirty days next preceding the levy, execution or levy of attachment, when it appears by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of his family residing in this State, supported wholly or in part by his labor. ii. The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars, if the person holding the shares is not the owner of a homestead under the laws of this State; all the nautical instruments and wearing apparel of any master, officer or seaman, of any steamer, or other vessel. SEC. 2. This act shall take effect immediately. OF HOMESTEADS. The following is taken from Title V, Part IV, Division II of the Civil Code. CHAPTER I. GENERAL PROVISIONS. SEC. 1237. The homestead consists of a quantity of laud, on which the Homestead, claimant resides, selected as in this title provided. of what it consists. SEC. 1238. It may be selected by the claimant from any land in the pos- From what session of the claimant, or of the husband of the claimant. it may be carved. SEC. 1239. The husband cannot select a homestead from the separate From what property of the wife. not. SEC. 1240. The homestead is exempt from execution or forced sale, except Exempt as in this title provided. from forced sale. SEC. 1241. The homestead is subject to execution or forced sale in satis- Subject to faction of judgments obtained: when. 1. Before the "Declaration of Homestead" was filed for record, and which constitute liens upon the land out of which the homestead is carved; 2. On debts secured by mechanics', laborers', or vendors', liens on the land; 3. On debts secured by mortgages upon the land, executed and acknowledged by the husband and wife, or an unmarried claimant; 4. On debts secured by mortgages on the land, executed and recorded before the "Declaration of Homestead," was filed for record. SEC. 1242. The homestead of a married person cannot be conveyed or How conincumbered unless the instrument by which it is conveyed or incumbered is veyed or inexecuted and acknowledged by both husband and wife. cumbered. doned. SEC. 1243. A homestead can be abandoned only by a declaration of How abanabandonment, or a grant thereof, executed and acknowledged: 1. By the husband and wife, if the claimant is married; 2. By the claimant if unmarried. SEC. 1244. A declaration of abandonment is effectual only from the time same. it is filed in the office in which the homestead was recorded. Proceedings SEC. 1245. When an execution for the enforcement of a judgment obon execu- tained in a case not within the classes enumerated in section 1241, is levied tion against homestead. upon the homestead, the judgment creditor may apply to the county judge of the county in which the homestead is situated for the appointment of persons to appraise the value thereof. Same. Same. Same. Same. Same. Same. Same. Same. Same. Same. Same. After sale, moneyequal to home stead ex emption protected. Compensa tion of appraisers. Costs. Who may select home SEC. 1246. The application must be made upon a verified petition, showing, 1. The fact that an execution has been levied upon the homestead; 3. That the value of the homestead exceeds the amount of the homestead exemption. SEC. 1247. The petition must be filed with the clerk of the county court. SEC. 1248. A copy of the petition with a notice of the time, and place of hearing, must be served upon the claimant, at least two days before the hearing. SEC. 1249. At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three disinterested residents of the county to appraise the value of the homestead. SEC. 1250. The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same. SEC. 1251. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury. SEC. 1252. Within fifteen days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed. SEC. 1253. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amount in value to the homestead exemption, and the execution may be enforced on the remainder of the land. SEC. 1254. If, from the report, it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution. SEC. 1255. At such sale no bid must be received unless it exceeds the amount of the homestead exemption. SEC. 1256. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution. SEC. 1257. The money paid to the claimant is entitled to all the protection against legal process, and the voluntary disposition of the husband which the law gives to the homestead. SEC. 1258. The court must fix the compensation of the appraisers, not to exceed five dollars per day each for the time actually engaged. SEC. 1259. The execution creditor must pay the costs of these proceedings in the first instance; but in the cases provided for in sections 1253 and 1254 the amount so paid must be added as costs on execution, and collected accordingly. SEC. 1260. Homesteads may be selected and claimed: 1. Of not exceeding five thousand dollars in value by any head of a stead, value family. ot. 2. Of not exceeding one thousand dollars in value by any other person. |