Part 6 (2/2)
The homestead of the family. 2d. All household and kitchen furniture.
3d. Any lot or lots in a cemetery held for the purpose of sepulture.
4th. All implements of husbandry used upon the farm. 5th. All tools, apparatus and books belonging to and used in any trade or profession.
6th. The family library and all family portraits and pictures and wearing apparel. 7th. Five milk cows and their calves under six months old. 8th. One yoke of work oxen, with necessary yokes and chains. 9th.
Two horses or two mules, and one wagon, cart, or dray. 10th. One carriage or buggy, 11th. One gun. 12th. Ten hogs. 13th. Twenty head of sheep. 14th. All saddles, bridles, and harness necessary for the use of the family. 15th. All provisions and forage on hand and growing for home consumption, and for use of exempt stock for one year. 16th. All current wages and earnings for personal or professional services earned within the last ninety days.
The homestead of any family in the State within any city, town, or village consists of not exceeding an acre of land to be selected by owner, owned and occupied as a residence only, but not exceeding in value five thousand dollars, but in no event shall the homestead be reduced to less than a quarter of an acre regardless of value. If the homestead is used for both residence and business purposes, the homestead interest shall not exceed in value five thousand dollars, and nothing in the laws of the United States or treaties with Indian tribes deprives an Indian or other allottee of the benefit of the homestead and exemption laws of the State.
The exemptions reserved to a person not the head of a family are as follows: 1st. A lot or lots in a cemetery held for the purpose of sepulture. 2d. All wearing apparel. 3d. All tools, apparatus and books belonging to any trade or profession. 4th. One horse, bridle, and saddle, or one yoke of oxen. 5th. Current wages for personal services.
OREGON.
The following property shall be exempt from execution, if selected and reserved by the judgment debtor or his agent at the time of levy, or as soon thereafter before sale as the same shall be known to him, and not otherwise. Books, pictures and musical instruments owned by any person, to the value of seventy-five dollars; necessary wearing apparel owned by any person, to the value of one hundred dollars, and, if such person be a householder, to each member of his family to the value of fifty dollars; the tools, implements, apparatus, team, vehicle, harness, or library necessary to enable any person to carry on the trade, occupation, or profession by which such person habitually earns his living, to the value of four hundred dollars; also sufficient quant.i.ty of food to support such team, if any, for sixty days. The word ”team,”
in this subdivision, shall not be construed to mean more than one yoke of oxen, or pair of horses or mules, as the case may be. Homesteads the actual abode of, and owned by, a family or some member thereof are exempt from execution.
The following property (is exempt), if owned by a householder and in actual use, by and for his family, or when being removed from one habitation to another on a change of residence: Ten sheep, with one year's fleece, or the yarn or cloth manufactured there from, two cows, and five swine, household goods, furniture, and utensils, to the value of three hundred dollars; also, food sufficient to support such animals if any, for three months, and provisions actually provided for family use, and necessary for the support of such householder and family for six months; the seat or pew occupied by a householder, or his family, in a place of public wors.h.i.+p; burial lots. Earnings or wages to the extent of seventy-five dollars in thirty days, are exempt if necessary to support family. One gun and one revolver exempt to every white male citizen over sixteen years of age.
PENNSYLVANIA.
The law exempts from execution property, either real or personal, to the amount of three hundred dollars, in addition to wearing apparel, Bibles, and school books, if claimed by the debtor; the privilege is personal and may be waived at any time. The widow or children of any decedent are ent.i.tled to the same amount from his estate for her or their use. All sewing-machines belonging to private families are exempt. Non-residents of the State are not ent.i.tled to the exemption laws.
RHODE ISLAND.
The following are exempt from attachment and execution: The necessary wearing apparel of a debtor and his family, his necessary working tools, not exceeding two hundred dollars in value; and the professional library of any professional man in actual practice; his household furniture and family stores, if a housekeeper, not exceeding three hundred dollars in value; one cow and one and one-half tons of hay, of a housekeeper; one hog and one pig, and the pork of the same, of a housekeeper; arms, equipments, etc., of a militiaman, and of any person which are kept for use and not for sale; one pew in church; a burial lot; wages due or accruing to any seaman; debts secured by bills of exchange or negotiable promissory notes: and ten dollars due as the wages of labor except when action is for necessaries furnished to defendant; the salary and wages of the wife and minor children of any debtor; and such other property, real or personal, as is or shall be exempt from attachment and execution, either permanently or temporarily, by general or special acts, charters of incorporation, or by the policy of the law.
SOUTH CAROLINA.
Homesteads in lands, whether held in fee or any lesser estate, to the value of one thousand dollars, or so much thereof as the property is worth if its value is less than one thousand dollars, with the yearly products thereof, and to every head of a family residing in this State, whether ent.i.tled to a homestead exemption in lands or not, personal property to the value of five hundred dollars, or so much thereof as the property is worth if its value is less than five hundred dollars.
SOUTH DAKOTA.
The following property is absolutely exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued by any court: All family pictures; a pew or other sitting in any house of wors.h.i.+p; a lot or lots in any burial ground; the family Bible, and all school books used by the family, and all other books used as a part of the family library not exceeding in value two hundred dollars; all wearing apparel of the debtor and his family; the provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year; the homestead as defined, created, and limited by law. In addition to the above-mentioned property, the debtor, if the head of a family, may, by himself or his agent, select from all other of his personal property, not to exceed in the aggregate seven hundred and fifty dollars in value, and if a single person, not the head of a family, three hundred dollars in value, which is also exempt.
Instead of the seven hundred and fifty dollars exemption, the debtor, if the head of a family, may select and choose the following property, which shall be exempt, namely: All miscellaneous books and musical instruments for the use of the family, not exceeding two hundred dollars in value; all household and kitchen furniture, including beds, bedsteads and bedding, used by the debtor and his family, not exceeding two hundred dollars in value; and in case the debtor shall own more than two hundred dollars' worth of such property, he must select therefrom such articles to the value of two hundred dollars, leaving the remainder subject to legal process; two cows, five swine, two yokes of oxen or one span of horses or mules, twenty-five sheep and their lambs under six months old, and all wool of the same, and all cloth or yarn manufactured therefrom, the necessary food for the animals hereinbefore mentioned for one year, either provided or growing or both, as the debtor may choose; also one wagon, one sleigh, two plows, one harrow, and farming machinery and utensils, including tackle for team, not exceeding twelve hundred and fifty dollars in value; the tools and implements of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and, in addition thereto, stock in trade not exceeding two hundred dollars in value; the avails of life insurance policies issued payable to the order, a.s.signees, or estate of the insured, and not a.s.signed, are to the extent of five thousand dollars, absolutely exempt to the surviving husband, or wife or minor children of the insured, free from all claim of creditors of the insured.
The homestead of the head of every family resident in this State, whether owned by the husband or wife, so long as it remains a homestead, is absolutely exempt, except for taxes and debts contracted for the purchase thereof. If within a town plat it must not exceed one acre in extent, and if not within a town plat it must not embrace in the aggregate more than one hundred and sixty acres, with the house and buildings appurtenant thereon; and is limited to five thousand dollars in value. (C. C. P. Sec. 345.) If the homestead is claimed upon land, the t.i.tle or right of possession to which was acquired or is claimed under the laws of the United States relating to mineral lands, the area of the homestead, if within a town plat, must not exceed one acre, and if without a town plat, must not exceed forty acres. If the t.i.tle to the homestead has been acquired as a placer claim but has been acquired under the laws of Congress as a lode mining claim, the area of the homestead must not exceed forty acres. (L. 1909, ch. 136.) Such exemption continues after the debtor's death, for the benefit of the surviving husband or wife and children; and if both husband and wife be dead, until the youngest child becomes of age. (Prob. C. Sec. 153.) It is very doubtful, however, in view of the provisions of the State Const.i.tution, if the t.i.tle of the homestead can be in the wife, unless the husband is for some reason incapacitated.
TENNESSEE.
Thirty-six dollars of the wages, salary, or income of any person drawing forty dollars or less per month shall be exempt from legal process at date of service of process.
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