Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Session 7352: 1895-03-14 14:00:00

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Proposition on Exemptions for the Constitution [File No. 39]

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Exemptions for the Constitution

Section The personal property of every resident of this state, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars, from sale on execution or other final process of any Court, issued from the collection of any debt contracted after the adoption of this Constitution.

Sec. Every homestead of not exceeding forty acres of land, and the dwelling houses thereon, and the appurtenances to be selected by the owner thereof, and not included in any town plat, city or village; or instead of thereof, at the option of the owner, any lot in any city, village or recorded town plat, or such parts of lots as shall be equal thereto, and the dwelling houses thereon, and its appurtenances, owned and occupied by any resident of the state, not exceeding in value ___2000___, shall be exempt from forced sale on execution or any other final process from a Court, for any debt contracted after the adoption of this constitution. Such exemption shall not extend to any mortgage thereon, lawfully obtained; but such mortgage or other alienation of such land by the owner thereof, of a married man, shall not be valid without the signature of the wife to the same.

Sec. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of his debts contrasted after the adoption of this Constitution, in all cases, during the minority of his children.

Sec. If the owner of a homestead die, leaving a widow but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.

Sec. The real and personal estate of every female, acquired before marriage, and al property to which she may afterwards become entitled by gift, grant, inheritance or devise, shall be and remain the estate and property of suc female, and shall not be liable for the debts, obligations or engagements of her husband, and may be devised or bequeathed by her as if she were unmarried.

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