Debts contracted since February twenty-fifth, one thousand eight hundred and sixty-seven, and prior to April twenty-fourth, one thousand eight hundred and sixty-eight.

The wearing apparel, working tools, arms for muster, one wheel and two pairs of cards, one loom, one Bible and Testament, one hymnbook, one prayer-book, and all necessary school books, the property of the defendant, shall be exempt from seizure under execution. And the following property of each head of a family or housekeeper shall be exempt from execution except for taxes: All necessary farming and mechanical tools, one work horse, one yoke of oxen, one cart or wagon, one milch cow and calf, fifteen head of hogs, five hundred pounds of pork or bacon, fifty bushels of corn, twenty bushels of wheat or rice, household and kitchen furniture not to exceed in value two hundred dollars, the libraries of licensed attorneys at law, practicing physicians and ministers of the gospel, and the instruments of surgeons and dentists used in their professions: Provided, that the value of the personal property exemptions shall not exceed five hundred dollars.

Upon debts contracted and causes of actions accrued since April the twenty-fourth, one thousand eight hundred and sixty-eight, and prior to May first, one thousand eight hundred and seventy-seven. The property, real and personal, as set forth in article ten of the constitution of the state.

Upon debts contracted or causes of action accruing since May first, one thousand eight hundred and seventy-seven.

The property, real and personal, specified in the third subdivision of this section, and the homestead of any resident of this state shall not be subject to sale under execution or other process thereon, except such as may be rendered or issued to secure the payment of obligations contracted for the purchase of the said real estate, or for laborers' or mechanics' liens, for work done and performed for the claimant of said homestead, or for lawful taxes: Provided, that the allotment of the homestead shall, as to all property therein embraced, suspend the running of the statute of limitations on all judgments against the homesteader during the continuance of the homestead: Provided further, that the owners of judgments docketed since March eleventh, one thousand eight hundred and eighty-five, shall have two years from first day of April, one thousand nine hundred and one, within which to assign and set apart the homesteads under such judgments, the suspension of the statute of limitations shall be sus

pended not only as to the judgment under which the homestead is allotted, but as to all other judgments.

Code, s. 501; 1885, c. 359; 1887, c. 17; 1895, c. 397; 1901, c. 612; 1879, c. 256; R. C., c. 45, s. 7; 1848, c. 38; R. C., c. 45, s. 8; 1844, c. 32; 1846, c. 53; 1848, c. 38, s. 2; 1866-7, c. 61, s. 7; 1876-7, c. 253.

686. Conveyed homestead not exempt, when. The allotted homestead shall be exempt from levy so long as owned and occupied by the homesteader or by any one for him, but when conveyed by him in the mode authorized by the constitution, article ten, section eight, the exemption thereof ceases as to liens attaching prior to the conveyance. The homestead right being indestructible, the homesteader who has conveyed his allotted homestead can have another allotted, and as often as may be necessary: Provided, this shall not have any retroactive effect.

1905, c. 111.

687. Sheriff to summon and swear appraisers; surveyor, when. Before levying upon the real estate of any resident of this state who is entitled to a homestead under this chapter and the constitution of this state, article ten, the sheriff or other officer charged with such levy, shall summon three discreet persons qualified to act as jurors, to whom he shall administer the following oath: "I, A. B., do solemnly swear (or affirm) that I have no interest, near or remote, in the homestead exemption of C. D., and that I will faithfully perform the duties of appraiser (or assessor, as the case may be), in valuing and laying off the same. So help me, God." Provided, that in cases where he shall deem it necessary he may summon the county surveyor or some other competent surveyor to assist in laying off the homestead by metes and bounds.

Code, s. 502; 1893, c. 58; 1868-9, c. 137, s. 2.
Note.

For allotment where land is held in common, see s. 2489.

688. Duty of appraisers. The said appraisers shall thereupon proceed to value the homestead with its dwelling and buildings thereon, and lay off to said owner such portion as he may select, or to any agent, attorney, or other person in his behalf, not exceeding in value one thousand dollars, and to fix and describe the same by metes and bounds.

Code, s. 503; 1868-9, c. 137, s. 3.

689. Return of appraisers; filed and registered; copy to county of execution; original or copy evidence. They shall then make and sign in the presence of the officer a return of their proceedings, setting forth the property exempted, which shall be returned by the officer to the clerk of the court for the county in which the home

stead is situated and filed with the judgment roll in the action, and a minute of the same entered on the judgment docket, and a certified copy thereof under the hand of the clerk shall be registered in the office of the register of deeds for the county, and said officer shall likewise make a transcript of said return over his hand and return the same without delay to the clerk of the court of the county from whence the execution issued, and said clerk shall likewise file and make minute of the same as above directed, and in all judicial proceedings the original return or a certified copy thereof may be read in evidence.

Code, s. 504; 1887, c. 272; 1868-9, c. 137, s. 4.

690. Liability of officer or appraiser conspiring. Any officer, appraiser, or assessor who shall wilfully or corruptly conspire with any judgment debtor, judgment creditor, or other person, to undervalue, or to overvalue, the homestead or personal property exemption of any debtor, or shall assign false metes and bounds, or shall make or procure to be made a false and fraudulent return thereof, shall be answerable in a civil action to the party injured thereby for all costs and damages.

Code, ss. 517, 518; 1868-9, c. 137, ss. 18, 19.
Note. For criminal liability, see ss. 3584-3586.

691. Re-allotment for increase of value; appeal; statute not exclusive. Any judgment creditor of a debtor whose homestead has been allotted may apply in writing to the clerk of the superior court of the county in which such homestead lies for an order for the re-allotment of said homestead, if there be in the hands of the sheriff of that county an execution issued from the proper court against said debtor. Such application shall be accompanied by the affidavits of three disinterested freeholders of the county in which said homestead lies, setting forth that, in their opinion, said homestead has increased in value fifty per centum or more since the last allotment thereof. Upon the filing of said application and affidavit the clerk shall issue notice to the judgment debtor to appear before him on a day not more than five days from the day of the service of said notice and show cause why said homestead shall not be re-allotted. Said notice shall state upon whose application the notice is issued. Upon the return day of said notice the said clerk shall consider the affidavit filed, as heretofore required, and such additional affidavits as may be filed by either party, and if, after hearing and considering the same, he is of opinion that the said homestead has probably appreciated in value fifty per centum or more since the last allotment, he shall command the sheriff to allot to the judgment debtor his homestead in the same manner as if no homestead had been allotted.

And if upon such allotment any excess is found, it shall be disposed of by the sheriff as in ordinary cases of execution and levy. From the order of the clerk commanding a re-allotment, or refusing the same, either party may appeal to the judge holding the court of the district, or to the judge of the district, either of whom shall hear the same in chambers in any county of the judicial district to which the county in which the proceedings were instituted belongs. And in all other respects the proceedings upon such appeal shall be as now provided by law for appeals from the clerk on issues of law. This section shall not be construed to prevent the judgment creditor from resorting to the equity jurisdiction of the courts for a re-allotment of the homestead of his judgment debtor in any case.

692. Levy on excess; return of officer. The levy may be made upon the excess of the homestead, not laid off according to this chapter, and the officer shall make substantially the following return upon the execution: “A. B., C. D., and E. F., summoned and qualified as appraisers or assessors (as the case may be) who set off to X. Y. the homestead exempt by law. Levy made upon the excess." Code, s. 505; 1868-9, c. 137, s. 5.

693. When no election by owner, appraisers elect. In case no election is made by the owner, his agent, attorney, or any one acting in his behalf, of the homestead, to be laid off as exempt, the appraisers shall make such election for him, including always the dwelling and buildings used therewith.

Code, s. 506; 1868-9, c. 137, s. 6.

694. Tracts not contiguous included, when. Different tracts or parcels of land not contiguous may be included in the same homestead, when a homestead of contiguous land is not of the value of one thousand dollars.

Code, s. 509; 1868-9, c. 137, s. 15.

695. Personal property not to exceed $500 appraised on demand; manner; return. Whenever the personal property of any resident of this state shall be levied upon by virtue of any execution or other final process issued for the collection of any debt, and the owner or any agent, or attorney in his behalf, shall demand that the same, or any part thereof, shall be exempt from sale under such execution, the sheriff or other officer making such levy shall summon three appraisers, as heretofore provided, who, having been first duly sworn, shall appraise and lay off to the judgment debtor such articles of personal property as he or another in his behalf may select, and

to which he may be entitled under this chapter and the constitution of the state, in no case to exceed in value five hundred dollars, which articles shall be exempt from said levy, and return thereof shall be made by the appraisers, as upon the laying off of a homestead exemption.

Code, s. 507; 1868-9, c. 137, ss. 12, 13.

696. Appraiser's oath and fees. The persons summoned to appraise the personal property exemption shall take the same oath and be entitled to the same fees as the appraisers of the homestead, and when both exemptions are claimed by the judgment debtor, at the same time, one board of appraisers shall lay off both and be entitled to but one fee.

Code, s. 508; 1868-9, c. 137, s. 14.

697. Appraisers to set apart selected property; return to register of deeds. Said assessors shall set apart of the personal property of said applicant, to be by him selected, articles of personalty to which he may be entitled under this chapter, not exceeding in value the sum of five hundred dollars, and make and sign a descriptive list thereof, and return the same to the register of deeds.

Code, s. 512; 1868-9, c. 137, s. 8.

698. Return registered. It shall be the duty of the register of deeds to endorse on each of said returns the date when received for registration, and to cause the same to be registered without unnecessary delay. The said register shall receive for registering the said returns the same fees that may be allowed him by law for other similar or equivalent services, which fees shall be paid by said resident applicant, his agent or attorney, upon the reception of said returns by the register.

Code, s. 513; 1868-9, c. 137, s. 9.

699. Exceptions to valuation and allotment; procedure. If the judgment creditor for whom levy is made, or judgment debtor or other person entitled to homestead and personal property exemption, shall be dissatisfied with the valuation and allotment of the appraisers or assessors (as the case may be) he, within ten days thereafter, or any other creditor, within six months, and before sale under execution of the excess, may notify the adverse party and the sheriff having the execution in hand, and file with the clerk of the superior court of the county where the said allotment shall be made a transcript of the return of the appraisers or assessors (as the case may be) which they or the sheriff shall allow to be made upon demand, together with his objections in writing to said return; and there ́upon the said clerk shall put the same on the civil issue docket of