Publisher's Synopsis
Excerpt from A Treatise on Homestead and Exemption Laws
The latest revisions of statutes on file in the St. Louis Law Library show that homestead laws exist in all the States of the Union. Except Connecticut, Rhode Island, New Jersey, Delaware, Pennsylvania, Maryland, West Virginia, * and Indiana. The earliest American homestead law of which the writer has knowledge was an act of the republic of Texas, passed January 26, 1839. This statute (1 Pasc. Dig. Texas Laws, art. 3798) exempted from execution, to every citizen or head of a family in this republic, fifty acres of land, or one town lot, including his or her homestead, and improvements not exceeding five hundred dollars in value, together with tain enumerated chattels. The founders of the infant republic wisely enacted that the passage of this act shall not interfere with contracts between parties heretofore made. See post, a 10 et seq. The Spanish law, which this system displaced, pro vided for many exemptions, such as implements of husbandry, bread of bakers. Tools of artificers, books of advocates and students, beds, wearing-apparel. And other things necessary for daily use. Cobbs v. Coleman, 14 Texas. 599. From the passage of the act first named, the protection of the homestead became a favorite object with the legislatures of Texas; and when that republic adopted a new constitution, on enter ing the American Union in 1845, that instrument, for the first time among American constitutions, guaranteed a family homestead, of given dimensions and value. From forced sale for the payment of debts, and from alienation by the husband without consent of the wife. Const. Texas 1845, art. 7, a 22; 1 Pasc. Dig. Laws Texas, 65. The earliest legislation of the other states on this subject, of which the writer has knowledge, was the Vermont act of 1849. From this period the subject was taken up by the legislatures of other states, and the protection of the family homestead of debtors from forced sale soon became a part of the general policy of the country.
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