mortgages, etc., how executed, ac and recorded Conveyances pose unless executed and acknowledged by the owner and also by his wife, if he has one resident in the State, knowledged in the manner provided for her execution of conveyances of her separate real property; and the instrument is recorded in the Recorder's office where the homestead is recorded, and an abandonment of the homestead claim is contained in such instrument or separately made for that purpose and recorded in the same Recorder's office. Homestead, how abandoL ed. Proceedings when home. stead is claimed to exceed the amount of exemption. How proper. ty disposed of on report of appraisers Stats. 1851, 296, Sec. 2; 1860, 311, Sec. 2; 1862, 519, SEC. 1241. No homestead is abandoned unless in writing embodied in a deed, mortgage, or other convey. ance thereof, or in an abandonment in writing, duly executed, acknowledged and recorded in the Recorder's office where the homestead declaration or title is recorded. Stats. 1851, 296, Sec. 2; 1862, 519, Sec. 2. SEC. 1242. When an execution is issued and levied upon a homestead, and the execution creditor makes affidavit before the County or District Judge of the county where the homestead is situated, that the cash value thereof, to the best of his knowledge and belief, exceeds the value of the homestead exemption to which the judg ment debtor is entitled, the Judge must, after two days' notice to the judgment debtor of the making of such affi davit, appoint three disinterested and competent persons appraisers, to estimate and report the value of the homestead; who, after being sworn, must proceed to view and appraise the same, and report to the Judge the value thereof; and if the value exceeds the amount of the homestead exemption to which such person is entitled, whether it can be so divided as to leave so much of the homestead as amounts to the exemption, without material injury. Stats. 1851, 296; Sec. 3; 1860, 312, Sec. 3. SEC. 1243. If it appears that the premises cannot be thus divided, and that the value thereof exceeds the exemption allowed by this Title, he must order the entire premises to be sold, and out of the proceeds the sum to which the judgment debtor is entitled to as a homestead exemption to be paid to the defendant in the execution, and the excess to be applied to the satisfaction of the execution. No bid must be received by the officer mak ing the sale under the amount of homestead exemption to which the judgment debtor is entitled; and when the execution is against a husband whose wife is living, the Judge may, in his discretion, direct five thousand dollars of the purchase money to be deposited in Court, to be paid out only upon the joint receipt of the husband and wife. Such purchase money possesses all the protection against legal process and the voluntary disposition of the husband, as did the original homestead premises. Stats. 1851, 296, Sec. 3; 1860, 312, Sec. 3. SEC. 1244. For every homestead appraised or admeasured in accordance with the provisions of this Title, the homestead claimant must pay to the county General Fund, for use of the county, the sum of ten dollars, and file the receipt therefor with the County Auditor; and must pay each appraiser three dollars per day for the time necessarily employed. If in an appraisement, or at a sale had at request of a judgment creditor, as provided in the two preceding sections, the property does not exceed in value the amount of homestead exemption to which the judgment debtor is entitled, the judgment creditor must pay all costs of the proceedings. Stats. 1860, 89, Sec. 10. ties, how SEC. 1245. The homestead claimant may, by proper Official duprocess, compel the County Judge to act in performing enforced. the duties herein enjoined; and the County Judge' may enforce his orders and appointments by due process, and fine as for contempt. [New section.] SEC. 1246. Homesteads may be acquired in the manner provided in this Title, by the persons and of the value following: 1. By the husband and wife, or either of them, or other "head of a family," not exceeding in value five thousand dollars. 2. By any other person, who is either a resident citizen of this State or who can become such, not exceeding in value one thousand dollars. [New section.] Stats. 1851, 296, Sec. 1; 1860, 87, Sec. 1; 311, Sec. 1; CHAPTER II. Homestead declaration, what to con tain. "Head of a family" defined, THE HOMESTEAD OF THE HEAD OF A FAMILY. SECTION 1252. Homestead declaration, what to contain. 1253. 66 Head of a family" defined. 1254. Declaration, how executed and recorded, and the title thereby vested. SEC. 1252. The husband and wife, or either of them, or other "head of a family," in order to acquire a homestead, must make a declaration containing the following facts and statements: 1. That they are husband and wife, or a husband or wife, or other "head of a family," stating the facts and circumstances. 2. That they are at the time residing on the premises sought to be claimed as a homestead, with their family, or with some one or more of the persons by the care and maintenance of whom the claimant is constituted the "head of a family." 3. A particular description of the premises sought to be claimed as a homestead. 4. An intention to claim and use the premises described as a homestead. 5. How, when and by what means the title to the premises was acquired, and whether it is community or separate property, or held as tenant in common, joint tenant or coparcener. 6. The value of the intended homestead; or that it does not exceed in value the sum of five thousand dollars. Stats. 1851, 296, Sec. 1; 1860, 311, Sec. 1. SEC. 1253. In addition to the husband and wife, jointly or severally, the term "head of a family," as used in this chapter, means any one who has residing on the homestead property with him, and under his care and maintenance, either 1. His minor child, or the minor child of his or her deceased wife or husband. 2. A minor brother or sister, or the minor child of a deceased brother or sister. 3. A father or mother, or grandfather or grandmother. 4. The father, mother, grandfather or grandmother of a deceased husband or wife; or, 5. An unmarried sister, or helpless or deformed brother. Stats. 1851, 296, Sec. 5; 1862, 519, Sec. 3. NOTE. The class of persons who confer the "nomer" of "head of a family" is by this section enlarged, for obviously apparent reasons. how execu ted and rethe title corded, and thereby vested. SEC. 1254. The declaration must be signed by the Declaration, party making it, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded. When such record is made by either husband or wife, or by both, they hold the homestead as joint tenants during their natural lives, and on the death of either, subject to no other liability than such as is created in accordance with this chapter, it descends to, and the title thereof vests absolutely in, the survivor; if there is no survivor, then in his legitimate children; if no legitimate children, then the property is subject to his legal debts, and to administration and succession, as provided in this Code and the CODE OF CIVIL PROCEDURE. Stats. 1860, 311, Secs. 1, 4; 1862, 519, Sec. 2; 1870, 400, CHAPTER III. THE HOMESTEAD OF A PERSON OTHER THAN THE HEAD OF SECTION 1260. Petition to County Judge for homestead, what to contain. 1261. Judge to appoint appraisers, who must make oath. 1262. If property exceeds one thousand dollars in value, what to be done. 1263. Return of appraisers, and Judge to grant certificate. 1264. Title to be recorded, where and how. County homestead, SEC. 1260. Any person other than a husband or wife, Petition to or other "head of a family," desiring to have a home- Judge for stead set apart and recorded, must present to the County what to conJudge of the county where the premises intended to be claimed as a homestead is situated, a written application setting forth taiu. Judge to appoint ap. praisers, who must make oath. If property exceeds one thousand dollars in to be done. 1. That he is a resident citizen of this State, or capable of and intends becoming such. 2. That he is at the time residing thereon or preparing the same for a residence, and intends to use the same as a homestead. 3. A description of the premises sought to be claimed as a homestead, not exceeding three hundred and twenty feet square, if in a city or town, or three hundred and twenty acres, if situated elsewhere, and that the value. thereof does not exceed one thousand dollars. Stats. 1860, 87-8, Sec. 2. SEC. 1261. On receiving the application provided for in the preceding section, duly verified, the County Judge must appoint three respectable and competent persons, freeholders or householders of the county, who must inspect the premises and appraise the value thereof. In case the persons so appointed, or any of them, fail or refuse to act, the Judge may, from time to time, make such additional appointments of appraisers as the case may require. Before acting, the appraisers must take and subscribe an oath, before some officer competent to administer oaths, that they will fairly and impartially appraise the premises according to the actual value thereof. Stats. 1860, 88, Secs. 4, 5. SEC. 1262. If the appraisement exceeds the sum of one thousand dollars, including the improvements thereon, value, what the appraisers, at the request of the applicant, must admeasure and lay off a less quantity of the land, with such boundaries as the applicant may direct, so that the value of the part so admeasured and laid off, together with the improvements thereon, does not exceed the value of one thousand dollars. The agreement of two appraisers constitutes the appraisement. Return of appraisers, and Judge to grant certificate. Stats. 1860, 88, Sec. 5. SEC. 1263. The appraisers must return to the Judge appointing them, their written oath, attached to their appraisement and report, setting forth an accurate description of the property by metes and bounds, and the value of the homestead admeasured. The Judge, on being satisfied that the proceedings of the appraisers were regular and their acts done in good faith, must make and deliver |