Page:1862 Territory of Dakota Session Laws.pdf/317

300 gage thereon, but such mortgage of said homestead or any part thereof by the owner if he be a married man, shall not be valid unless the wife join in said conveyance.

. 3. Whenever any levy shall be made upon the lands or tenements of a householder whose homestead has not been selected out or set apart by metes and bounds, such house-holder 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 described, and the remainder alone shall be subject to sale under such levy.

. 4. If the plaintiff in execution be dissatisfied with the quantity of land selected and apart as aforesaid, the officer making the levy shall cause the land to be surveyed, beginning at a point to be designated by the owner, and set apart, in compact form, including house and other buildings and improvements, to the amount specified in the first section of this act. The expense of said survey shall be paid by said plaintiff.

. 5. After the survey shall have been made, the officer making the levy, may sell the property levied upon, and not included within the set-off, in the same manner as is provided by law in other cases for the sale of real estate in execution; and in giving a deed he shall describe the same fully by metes and bounds.

. 6. Any person owning several houses situated upon the same or different lots of land within this territory, may select either one of said houses and lots as a homestead, that he may see fit, and the same shall be exempt as aforesaid, and every person occupying a home not his own, and owning a homestead as hereinbefore described, shall be entitled to the exemption aforesaid.

. 7. Nothing in this act shall exempt any real estate from sale in payment for taxes.

. 8. All property hereinafter mentioned shall be exempt from attachment or mesne process, or levy of execution, or any other final process issued from any court.

1. All family pictures.

2. All miscellaneous books and musical instruments for use of family not exceeding five hundred dollars in value.

3. A seat or pew in any house of worship.

4. A lot or lots in any burial-ground.