Page:1862 Territory of Dakota Session Laws.pdf/316

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CHAP. XXXVII.]
EXEMPTION.
299

all damages which any person may sustain in consequence of such horse or ass running at large.

Sect. 4. This act shall take effect and be in force from and after its passage.

Approved May 15, 1862.
W. JAYNE, Governor.


EXEMPTION.


CHAPTER 37.

AN ACT EXEMPTING PROPERTY FROM EXECUTION, WRIT OF ATTACHMENT, OR ANY OTHER FINAL PROCESS OF A COURT.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

Section 1. That a homestead, belonging to any man or woman resident in this territory, consisting of not more than eighty acres of land, and the dwelling-house and other improvements and appurtenances situated thereon convenient for a homestead, to be selected by the owner thereof, and not included within any incorporated city or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one acre, being within an incorporated city, town, or village, and the dwelling-house thereon and its appurtenances, shall not be subject to attachment or mesne process, or [levy], or sale upon execution, or any other process issuing from any court within this territory. This section shall be construed to exempt such homestead in the manner aforesaid, during the time it shall be owned or occupied by the widow or minor child or children of any deceased person, who was, when living, entitled to the benefit of this act.

Sect. 2. Such exemption shall not extend to any mort-