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one month when necessary to be used in any windlass, derrick, car, pump or hoisting gear, and also his mining claim, actually worked by him, not exceeding in value the sum of $1,000. (6) Two horses, two oxen or two mules and their harness and one cart or wagon, one dray or truck, one coupe, one hack or carriage for one or two horses, by the use of which a cartman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns his living, and one horse with vehicle and harness or other equipments, used by a physician, surgeon, constable or minister of the gospel in the legitimate practice of his profession or business, with food for such oxen, horses or mules for one month. (7) One fishing boat and net not exceeding the total value of $500, the property of any fisherman, by the lawful use of which he earns a livelihood. (8) Poultry not exceeding in value $25. (9) Seaman and sea-going fisherman's wages not exceeding $100. (10) The earnings of the judgment debtor for his personal services rendered at any time within the thirty days next preceding the levy of execution or attachment, when it appears, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of his family residing in this state, supported in whole or in part by his labor; but when debts are incurred by any such person or his wife or family for the common necessaries of life, or occurred at a time when the debtor had no family residing in this state supported in whole or in part by his labor, one-half of such earnings above mentioned are nevertheless subject to execution, garnishment or attachment to satisfy debts so incurred. (11) The shares held by a member of a homestead association duly incorporated not exceeding in value $1,000, if the person holding the shares is not the owner of a homestead under the laws of this state. All the nautical instruments and wearing apparel of any master, officer or seaman of any steamer or other vessel. (12) All moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance on the life of the debtor, if the annual premiums paid do not exceed $500. (13) All fire-engines, hooks and ladders, with the carts, trucks, carriages, hose buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the law of this state. (14) All arms, uniforms and accoutrements required by law to be kept by any person, and also one gun, to be selected by the debtor. (15) All court-houses, jails and town, county and state buildings, all public buildings, grounds, etc. (16) All material purchased in good faith for use in the construction, alteration or repair of any building, mining claim or other improvement, as long as in good faith the same is about to be applied to the construction, alteration or repair of such building, mining claim or other improvement.
A homestead which shall not exceed in value the sum of $5,000, consisting of the dwelling-house where the debtor resides, together with the land upon which it is situated, may be selected by the husband, or,
in the case of his failure to do so, by his wife. If it be selected from the separate property, his wife must consent thereto by joining in it or by making declarations. Such selection may also be made from the community property, or from the separate property of the husband. The homestead, however, is not exempt from execution under the following judgments: (1) Before the declaration of homestead was filed for record, and which constitute liens upon the premises. (2) On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, material-men's or vendors' liens upon the premises. (3) On debts secured by mortgages on the premises, executed and acknowledged by husband and wife or by an unmarried claimant. (4) On debts secured by mortgages on the premises executed and recorded before the declaration of homestead was filed for record.
A homestead not exceeding the value of $1,000 may be declared by any person not the head of a family. A homestead can only be abandoned by a duly executed and acknowledged instrument to that effect, which must be recorded, and which takes effect only from the date of recordation. If the homestead be selected from the community property, it vests, on the death of the husband or wife, in the survivors. If it be taken from individual property, it vests in the heirs or devisees, subject to the order of the superior court assigning it for a limited period to the family of the decedent.
Every householder or head of the family is given a homestead, free from execution while such homestead is occupied by him or his family, not to exceed in value the sum of $2,000. This homestead is selected by writing the word "homestead" upon the margin of the title as recorded in the recorder's office and attested by that officer. There is likewise exempt from execution and attachment the necessary wearing apparel of all persons and the following property of persons who are heads of families: family pictures, school books and library, a seat or pew in any house of public worship, sites for burial for the dead, beds, bedding, bedsteads kept and used for the debtor and his family, stoves, cooking utensils and household furniture not exceeding $100 in value. Necessary provisions and fuel for six months; the tools and implements of any mechanic, miner or other person not exceeding $200; the library and implements of any professional person not exceeding $300; working animals of any person not exceeding $200; one cow and calf, ten sheep, and food for the same for six months; one farm wagon, cart or dray, one plow, one harrow, and other farming implements, including harness and tackle for the same, not exceeding in value the sum of $50. Upon the death of the head of a family, the family is entitled to these exemptions. In case of any execution, attachment or garnishment being levied upon the wages or earnings of the head of the family or his wife who are depend
ent in whole or in part upon such earnings, the sum of $60 is likewise exempt. Pension money received from the government of the United States is likewise exempt whether the pensioner be at the head of the family or not.
The following property is exempt from warrant or execution: Of the property of any person, his necessary wearing apparel and bedding, and household furniture necessary for supporting life, arms, military equipments, uniforms or musical instruments owned by any member of the militia for military purposes, any pension moneys received from the United States while in the hands of the pensioner, implements of the debtor's trade, a library not to exceed $500 in value, one cow of the value of $150, any number of sheep not exceeding ten nor of a greater value than $130, two swine and the pork produced therefrom, or poultry not exceeding $25 in value. If the debtor have a wife or family, the following are the exemptions: Twenty-five bushels of charcoal, two tons of other coal, two hundred pounds of wheat flour, two cords of wood, two tons of hay, two hundred pounds each of beef and fish, five bushels each of potatoes and turnips, ten bushels each of Indian corn and rye and the meal and flour manufactured therefrom, twenty pounds each of wool or flax, or the yarn or cloth made therefrom, the horse of any practicing physician or surgeon not to exceed $200 in value, together with his saddle, bridle, harness and buggy, one boat owned by one person and used by him in the business of planting or taking oysters or clams, or taking shad, together with the sails, tackle, rigging and implements used in said business of the value not more than $200, one sewing machine, one pew, a burial ground, so much of any debt which has accrued by reason of the personal services of the debtor as shall not exceed $50, including wages due for personal service of any minor or child under the age of twenty-one years. All benefits allowed by any association of persons in this state towards the support of any of its members incapacitated by sickness or infirmity from attending to his usual business. A homestead of the value of $1,000 is exempt from execution so long as the same is actually occupied as a dwelling, and only the excess of value over $1,000 can be set off. The husband, wife and guardian of minor children, with consent of the judge of probate. may release such right of homestead, and this release may be recorded as a deed.
The exemptions in this state differ in the three counties of the state. Family books and pictures, wearing apparel of the debtor and his family, his tools and implements used in his business or trade not exceeding in value the sum of $75, are exempt in the counties of Sussex and New Castle, and of the value of $50 in Kent county. In addition the head of the family
in New Castle county is entitled to have set off to him other personal property out of his estate of the value of $200; in Kent county $150, and in Sussex county no additional exemption is allowed. Sewing machines owned and used by seamstresses or private families are exempt from execution or restraint. In New Castle county wages are exempt from execution and attachment, and wages for one month not exceeding $50 are a first lien on the real and personal property of the employer. Widows are entitled to the same exemption out of the husband's goods that the husband would have if he were alive. (See Del. Laws 1879, vol. 16, page 214, and Del. Laws 1893, vol. 19, page 1131.)
DISTRICT OF COLUMBIA.
The following exemptions are allowed by the Revised Statutes of the District of Columbia, section 797: To all persons being householders or heads of families, all wearing apparel, beds, bedding, household furniture, stoves, cooking utensils, etc., of the value not to exceed $300, provisions for three months' support, fuel for three months, mechanics' tools and implements of the debtor's trade or business, amounting to $200 in value, together with $200 worth of stock for carrying on the business of the debtor or his family. The library and implements of professional men or artists to the value of $300, one horse, mule or yoke of oxen, one cart, wagon or dray and harness for such teams, farming utensils, with food for such team for three months, and, if the debtor be a farmer, any other farming tools of the value of $100, all family pictures and all the family library, not exceeding in value $400, one cow, one swine, six sheep. But none of the foregoing exemptions, except that of wearing apparel, beds, household furniture and provisions for the debtor and his family, are good against any debt due for the wages of servants, common laborers or clerks. The earnings not to exceed $100 per month of all residents of the District of Columbia, and who are married persons or who have to provide for the support of a family within this district, are exempt for two months next preceding the attachment. (See Act of Congress,
June 19, 1878.)
A homestead to the extent of one hundred and sixty acres of land, or the half of one acre if the same be situated within the limits of any incorporated city or town, owned by the head of the family residing in this state, together with $1,000 worth of personal property and the improvements on the real estate, shall be exempt from forced sale under process of any court, and the real estate shall not be alienable without the joint consent of husband and wife, when that relation exists. The head of a family cannot devise his homestead so as to deprive his children of the benefit of the same. Money due for the personal labor or services of any person who is the head of a family residing in this state is exempted from attachment or garnishment. (See Const. 1885, art. 10,
secs. 1, 2, 3, 4 and 5.) A piece of land never occupied as a dwelling. place, and incapable of such occupancy, is not a homestead within the meaning of the exemption provided for in the constitution and laws of this state. (Drucker v. Rosenstein, 19 Fla. 191.)
The constitution of 1877 provides: "There shall be exempt from levy and sale, by virtue of any process whatever, under the laws of this state, except as hereinafter excepted, of the property of every head of a family, or guardian or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent female of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of $1,600. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution or decree against the property set apart for such purpose, including such improvements as may be made thereon from time to time, except for taxes, for the purchase-money of the same, for labor done thereon, for material furnished therefor, or for the removal of incumbrances thereon. The debtor shall have the power to waive or renounce in writing his right to this benefit of exemption, except as to wearing apparel and not exceeding $300 worth of household and kitchen furniture and provisions, to be selected by himself and his wife, if any, and he shall not, after it is set apart, alienate or incumber the property so exempted, but it may be sold by the debtor and his wife, if any, jointly, with the sanction of the judge of the superior court of the county where the debtor resides or the land is situated, the proceeds to be reinvested upon the same uses.' The act of 1878 carries out these provisions.
If the debtor is the head of a family and does not avail himself of the benefit of the exemptions above recited, it is permissible for him to claim the benefit of those existing in prior laws, to wit: Fifty acres of land, and five additional for each child under the age of sixteen years, which shall include the dwelling-house, together with the improvements thereon, of the value not to exceed $200; provided, however, that such land be not situated in any city, town or village, nor have upon it any factory, mill or other machinery propelled by water or steam, the value of which exceeds $200. Land situated in any city, town or village is not exempt beyond the sum of $500. The following articles are also exempt: One farm horse or mule, one cow and calf, ten head of hogs, $50 worth of provisions and $5 worth for each additional child, beds, bedding and common bedsteads sufficient for the family, one loom, one spinning wheel, two pair of cards, one hundred pounds of lint cotton, common tools of trade of the debtor or his wife, ordinary cooking utensils, table crockery and wearing apparel; the library of professional men in actual practice or business which does not exceed $300 in value; fifty bushels