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Homestead Exemption

Homestead Exemption image
Parent Issue
Day
21
Month
April
Year
1848
Copyright
Public Domain
OCR Text

We publish below a copy of the bill passed by our late Legislature, defining and exempting a homestead: - [numuer 109.] An act to exempt a homestead from forced sale in certain cases. Sec. 1. - Be it enacted by the Senate and House of Representatives of the State of Michigan, That a homestead consisting of any quantity of land not exceeding forty acres, and the dwelling house thereon, and its appurtenances to be selected by the owner thereof, and not included in any recorded town plat, or city, or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, being within a recorded town plat, or 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 forced sale on execution, or any other final process from a court, for any debt or debts, growing out of or founded upon contract, either express or implied, made after the 3d day of July, A. D., 1848. Sec. 2. - Such exemption shall 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. Sec 3. - Whenever a levy shall be made upon the lands or tenements of a householder, whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer, at the time of making such levy, of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder, alone, shall be subject to sale under such levy. Sec. 4. - If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy shall cause the same to be surveyed, beginning at a point designated by the owner, and set off in a compact form, including the dwelling houses and its appurtenances, the amount specified in the first section of this act, and the expense of said survey shall be chargeable on the execution, and collected thereupon. Sec. 5. - After the survey shall have been made, the officer making the levy may sell the property levied upon, and not included in the set off, in the same manner as provided in other cases for the sale of real estate on execution, and in giving a deed of the same, he may describe it according to his original levy, excepting therefrom by metes and bounds, according to the certificates of the survey, the quantity set off as aforesaid. Sec. 6. - Any person owning and occupying any house on land not his own, and claiming such a house as his homestead, shall be entitled to the exemption aforesaid. Sec. 7. - Nothing in this act shall be considered as exempting any real estate from taxation or sale for taxes. Approved March 25, 1848.