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of corn, one thousand pounds of fodder, one one-horse wagon, one table, household and kitchen furniture not to exceed $150 in value. The debtor may likewise waive the benefit of these exemptions except so much as are excepted in the constitution of 1877.
A homestead may be selected by the husband, or, in case of his failure, by his wife or other head or the family, to the value of $5,000; or if a a person be not the head of a family to the value of $1,000. This declaration of homestead must be properly acknowledged and recorded, and when this has been done, it is prior to all claims against the property which are not existing liens at the time the declaration of homestead was recorded. In addition to such homestead, there is likewise exempt from execution the following property: The chairs, tables, desks and books to the value of $200; necessary household furniture of the value of $300; wearing apparel, paintings, drawings, pictures and the like, and provisions provided for individual or family use sufficient for six months; two cows, two hogs, together with their increase; farming utensils to the value of $300; four horses, four oxen or four mules, together with harnesses; a cart or wagon, together with harness and food for such team for six months; water-right not exceeding one hundred and sixty inches of water for the irrigation of lands annually cultivated, and crop or crops growing or grown on fifty acres of land leased, owned or possessed by claimant; necessary tools or implements of a mechanic or artisan of the value of $500; notary's seal and records; necessary instruments for use of surgeon, physician, surveyor and dentist, with their libraries; professional libraries and office furniture of attorneys, counselors and judges, and the libraries of clergymen; cabin or dwelling of a miner of the value of $500, also his sluices, pipes, hose and other necessary tools and machinery of the value of $200; one saddle horse and one pack horse, together with their saddles and equipments, belonging to a miner actually engaged in prospecting, of the value of $250; the team, wagon or cart and harnesses of teamster or other laborer; a horse, harness and vehicle used by a physician, surgeon or clergyman, with food for all such animals for six months; earnings of judgment debtor, if necessary for his family, for services rendered within the thirty days next preceding levy of execution, not exceeding in value $100, where his family is residing in the state; shares held by a member of a homestead association, or building or loan association, duly incorporated under the laws of the state, where the person holding the shares is not the owner of the homestead, under the laws of the state; life insurance in an amount represented by an annual premium not exceeding $250; engines, apparatus and uniforms of a fire company or department organized under any law of the state; arms, uniforms and accoutrements required by law
to be kept; public buildings, grounds and personal property appertaining thereto. The above exemptions, however, do not apply to any judgment recovered upon the purchase price of the article named.
Every householder having a family is entitled to a homestead of $1,000 in value. Any farm or lot of land and buildings thereon, owned or possessed under this law or otherwise, and kept as a residence, shall be exempt from seizure or sale on attachment or execution for the payment of these debts or other purposes. Such exemptions continue for the benefit of the surviving husband or wife so long as he or she continues to keep such homestead until the youngest child becomes twenty-one years of age. In order to release this homestead the husband and wife must join in the conveyance. The proceeds of the sale of any homestead to the extent of $1,000 is exempt for one year after the receipt of it, and if it be reinvested in a homestead, such homestead is exempt. Insurance money, in case of fire, is exempt to the same extent as the property insured. The creditor may have the premises claimed as homestead appraised, and if found to exceed the value of $1,000, and can be divided without injury, so much of the premises including the dwelling as in the opinion of the appraisers is worth $1,000, will be set over to the debtor as exempt and the residue sold for the satisfaction of the judgment. If the premises, however, cannot be divided, the property is valued by appraisers, and the debtor may pay the surplus over $1,000; otherwise, the property may be sold, and the officer having the execution pays $1,000 to the debtor, and the remainder is applied in satisfaction of the creditor's claim.
In addition to this homestead the following personal property is likewise exempt: The necessary wearing apparel, bibles, family books and family pictures. $100 worth of other property to be selected by the debtor, and in addition, when the debtor is the head of a family and resides with his family, $300 worth of other property to be selected by the debtor, provided the exemption shall not be allowed from any money, salary or wages due the debtor. If the head of any family dies, or if he desert or does not live with his family, the exemptions continue to the family. No personal property is exempt from processes under a judgment for a debt for the wages of a laborer or servant. Exemptions cannot be claimed out of partnership property. (See 37 Ill. App. 489, also 38 id. 269.) When a debtor desires to claim exemptions, he must, within ten days after the service of process and notice, make a schedule under oath of all his personal property of every kind, including money in hand and debts due or owing to him. Any property not included in this schedule is not subject to exemptions. A valuation is then placed upon the articles named in the schedule by appraisers appointed for that purpose. The total value of the articles selected by the debtor shall not exceed
the amount of the exemption allowed, and the remainder is sold by the officer in satisfaction of the debt. The benefit moneys received from any life or accident insurance company organized under the act of July 1, 1893, are exempt. If a debtor be the head of a family and resides with his family, his wages are exempt to the extent of $8 a week. The statutes of this state make it a misdemeanor and provide a penalty for sending a claim to another state for collection out of the earnings of the debtor by garnishment or other proceeding when the debtor is a resident, and the creditor, debtor and garnishee are all within the jurisdiction of the courts of Illinois, with intent to deprive the debtor of his rights under the exemption laws of this state; or to transfer for such purpose a claim against a citizen of this state.
The exemptions in this territory are the same as those in the state of Arkansas.
There is not in this state any homestead exemption in the ordinary acceptation of that term. Every resident householder or resident married woman may, however, claim as exempt from execution against them, respectively, his or her property, real or personal, to the amount of $600 upon any debt founded upon any contract made since May 3, 1879, and this right exists while the property is in transitu from one residence to another within the state, and to be claimed by the wife for the husband in his absence. Twenty-five dollars is exempt from garnishment, and, on proceedings supplemental to execution, as long as the employment continues, but no exemption can affect any laborer's or mechanic's lien, or lien for the purchase-money of real property or for taxation. The right of exemption cannot be waived by contract. The property of a resident householder which is exempt from sale on execution may be real or personal, or both. It must, however, be properly appraised by the officer after receiving from the debtor a sworn schedule of all his property, credits and effects. If the property claimed exceeds in value the sum of $600, provision is made by the statutes for the sale thereof and the application of the residue for the payment of the debts.
The following property is exempt from execution, provided the debtor be the head of a family residing in the state of Iowa: All wearing apparel of himself and family kept for actual use and suitable for their condition, and the trunks or other receptacles necessary to contain the same; one musket or rifle and shot-gun; all private libraries, family bibles, portraits, pictures, musical instruments and paintings not kept for the purpose of sale; a seat or pew occupied by the debtor or his family
in any house of public worship; an interest in a public or private burying ground, not exceeding one acre; two cows and two calves; fifty sheep and the wool therefrom and the materials manufactured from such wool; six stands of bees; five hogs and all pigs under six months; the necessary food for all animals exempt from execution, for six months; one bedstead and the necessary bedding for every two in the family; all cloth manufactured by the defendant, not exceeding one hundred yards in quantity; household and kitchen furniture not exceeding $200 in value: all spinning wheels and looms; one sewing machine and other instruments of domestic labor kept for actual use; the necessary provisions and fuel for the use of the family for six months; the proper tools, instruments or books of the debtor, if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher or professor; if the debtor is a physician, public officer, farmer, teamster or other laborer, a team consisting of not more than two mules or horses, or two yoke of cattle, and the wagon or other vehicle, with the proper harness or tackle, by the use of which he habitually earns his living, otherwise one horse; if a printer, a printing press and the types, furniture and material necessary for the use of such printing press and a newspaper office connected therewith, not to exceed in all the value of $1,200; poultry to the value of $50, and the same to any woman whether the head of a family or not; and if the debtor is a seamstress, one sewing machine.
All money received by any person a resident of the state, as a pension from the United States government, whether the same shall be in actual possession of such pensioner, or deposited, loaned or invested by him, shall be exempt from execution, whether such pensioner shall be the head of a family or not. The homestead of every such pensioner, whether the head of a family or not, purchased and paid for with any such pension money, or the proceeds or accumulations thereof, shall also be exempt; and such exemption shall apply to debts of such pensioner contracted prior to the purchase of the homestead.
The earnings of a debtor who is a resident of the state and the head of a family for his personal services, or those of his family, at any time within ninety days next preceding the levy, are exempt from liability for debt.
None of the foregoing exemptions are allowed against an execution issued for the purchase-money of property claimed to be exempt, and on which such execution is levied.
If the debtor absconds and leaves his family, such property as is exempt to him under the laws of this state is exempt in the hands of his wife and children.
The homestead of every family is exempt from judicial sale where there is no special declaration of statute to the contrary. If within a town plot, it must not exceed one-half acre in extent, and if without, it must not embrace more than forty acres, and in each case embraces all
the buildings and improvements thereon without limitation as to value. Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead. If there is no survivor and no will, the homestead descends to the issue of either husband or wife, and is to be held exempt from any antecedent debts of their parent or their own. The avails of all policies of insurance on the life of any individual payable to his surviving widow shall be exempt from liabilities for all debts of such beneficiary contracted prior to the death of the insured, the total exemption of any one person not exceeding $5,000.
By the constitution it is provided that a homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence for the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon. This, however, does not apply where the lien is given by consent of the husband or wife.
It is provided by statute that every resident of the state, and being the head of a family, shall have exempt from seizure and sale upon any attachment, execution or other process, the following articles of personal property: The family books, pictures and musical instruments, a seat or pew in church and a lot in burial ground, all wearing apparel, all spinning wheels and looms, and all other instruments of industry and household furniture not above enumerated, not exceeding in value $500; also two cows, ten hogs, one yoke of oxen and one horse or mule, a span of horses or mules, twenty sheep and the wool from the same, the necessary food for the support of the stock just mentioned for one year, one wagon, cart or dray, two plows, one drag, and other farming utensils not exceeding in value $300, provisions and fuel for the support of the family for one year, the necessary tools and implements of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business, and in addition thereto stock in trade not ex-, ceeding $100 in value, the library, implements and office furniture of any professional man. No property, however, is exempt from attachment or execution for the wages of any laborer.
The earnings of a debtor who is a resident of this state, for his personal services at any time within three months next preceding the issuing of an execution, attachment or garnishment process, cannot be applied to the payment of his debts when it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor.