be in full force in actions before probate courts and before Provisions rela

justices of the peace.

ting to attachment applicable in probate

SEC. 2. This act shall take effect and be in force from courts and jus

and after its passage.

Approved, February 25, 1875.

tices of thc peace

Gen. Stat., 563.

To exempt the homestead of families from attachment, levy, or sale, upon execution or other process issuing out of any court in the state of Nebraska.

emption.

Gen. Stat., 616.

Be it enacted by the Legislature of the State of Nebraska : SECTION 1. The family homestead of each head of a Amount of exfamily, consisting of any quantity of land not exceeding R. S. 1866, 484. one hundred and sixty acres and the dwelling-house there- 1867, § 2, 91. on and its appurtenances, shall be exempt from attachment, levy, or sale upon execution or other process issuing out of any court in the state, so long as the same shall be owned and occupied by the debtor as such homestead : Provided, That such homestead and appurtenances situated thereon, shall not exceed two thousand dollars in value: Provided, That such exemption shall not apply to homesteads which have been heretofore, or which may be hereafter mortgaged by the owner thereof.

Homstead, how assigned.

Assignment of homestead of family of decedents.

SEC. 2 The officer executing any writ of attachment, or execution, on application of the debtor, or his wife, agent or attorney, if any such debtor has a family, and if the lands or tenements about to be levied on, or any part or parcel thereof, shall be the homestead thereof, shall cause the appraisers selected by law to appraise the lands so to be levied upon, after having been duly sworn, to set off to such debtor by metes and bounds a homestead not exceeding two thousand dollars in value, and the assignment of the homestead so made by the appraisers shall be returned by such officer along with his writ and entered of record in the clerk's office from which such writ issued, and if no complaint be made by either party, no further proceedings shall be had against the homestead, but the remainder of the debtor's lands and tenements, if any more he shall have, shall be liable to levy and sale as otherwise provided by law: Provided, That upon complaint of either party, and upon good cause shown, the court out of which the writ issued, may order a re-appraisment and re-assignment of the homestead: Provided also, That in case no application be made, as aforesaid, during the life time of the debtor, such application may be made by the widow of the judgment debtor at any time before sale.

SEC. 3. On petition of executors or administrators to sell the lands of any decedent to pay debts, who shall have left a widow and a minor child, or children unmarried and composing a part of the decedent's family at the time of his death, the appraisers shall proceed to set apart a homestead in the same manner as provided in the preceding section, and the same shall remain exempt from sale on execution, under any order of such court, so long as any unmarried child or children shall reside thereon, although the widow may have previously died; and the inmarried minor child or children of any decedent ac.

tually residing on the family homestead, shall be entitled to hold the same exempt from sale upon execution as herein provided for, although the parent from whom the same descended may have left no wife or husband surviving.

widow to be

benefits of this

act.

SEC. 4. Every widower or widow having an unmar- Widower and ried minor child or children residing with him or her, or entitled to supported by him or her, as part of his or her family, shall have the benefit of this act in the same manner as married persons, and married persons living together as husband and wife, shall be entitled to the exemption in this act provided, although they may have no minor children.

entitled to ben-

SEC. 5. Any person owning a dwelling-house occu- Lesees to be pied as a family homestead, shall be entitled to the benefit efit of this act. of this act, although the title to the land on which the same may be built shall be in another, and lessees shall be entitled to the benefit of this act in the same manner as owners of the freehold or inheritance: Provided, Nothing herein contained shall be construed to prevent a sale of the fee-simple subject to such lease.

stead cannot be

to pay rent.

SEC. 6. Whenever the homestead of any debtor in when homeexecution shall consist of a house and lot of land which, divided debtor in the opinion of the appraisers, will not bear division without manifest injury and inconvenience, the plaintiff in execution shall receive in lieu of the proceeds of a sale of the homestead the amount over and above three hundred dollars annually, which shall be adjudged by the appraisers as a fair and reasonable rent for the same, until the debt, costs and interest are paid. The said rent, over and above the said three hundred dollars, shall be payable in quarterly payments, commencing three months from the time of the levy of the execution, and the said rent shall be paid to the clerk of the court from which the writ issued for the benefit of the plaintiff in execution; and in

Act shall not extend decrees on mortgagcs, etc.

Right of dower

not impaired. Act shall not

case the said rent is not paid quarter yearly as above provided for, within twenty days after each and every payment shall become due, then execution may issue against the judgment debtor, and the officer to whom the same is directed shall proceed to see [sell] said homestead in the same manner as is provided in other cases for the sale of real estate upon execution.

SEC. 7. The provisions of this act shall not extend to any judgment or decree rendered on any note and mortgage executed by the debtor and his wife, nor to impair the lien by mortgage, or otherwise, of a vendor for the purchase money of the homestead in question, nor for any claim by any mechanic or other person under any statutes of this state for materials furnished or labor performed in the erection of the dwelling-house thereon, nor for the payment of taxes due thereon.

SEC. 8. Nothing in this act contained shall be so conapply to prior strued as in any way to impair the right to dower as it

debts.

Acts repealed.

now exists, or the mode provided by law for enforcing that right; nor shall this act apply to debts contracted and owing at and before the time of the passage of this act, but the acts and parts of acts herein repealed shall remain in full force as to such debts.

SEC. 9. Sections five hundred and twenty-five (525). Gen. Stat, 6 6. five hundred and twenty-six (526), five hundred and twenty-seven (527), and five hundred and twenty-eight (528) of the code of civil procedure, as now existing, and all acts and parts of acts inconsistent with this act, are hereby repealed.

To take effect.

SEC. 10. This act shall take effect and be in force from and after its passage.

Approved, February 25th, 1875.

Be it enacted by the Legislature of the State of Nebraska:

of Stay not to be

a

SECTION 1. Hereafter no stay of execution or order sale upon any judgment or decree shall be granted for longer time than nine months from and after the rendition

of such judgment or decree.

for a longer

period than

nine months.

R. S. 1866, 473.

Gen. Stat., 605.

on decrees for

gaged premi

SEC. 2. The order of sale on all decrees for the sale of Order of sale mortgaged premises shall be stayed for the period of nine sale of mort: months from and after the rendition of such decree, when- ses, how stayed ever the defendant shall, within twenty days after the rendition of such decree, file with the clerk of the court a written request for the same: Provided, That if the defendant make no such request within said twenty days, the order of sale may issue immediately after the expiration thereof.

how stayed.

SEC. 3. On all judgments for the recovery of money Judgments, only, except those rendered in any court on an appeal or writ of error thereto or against any officer or person or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution if the defendant therein shall, within twenty days from the rendition of judgment, procure two or more sufficient freehold