A PROPOSITION

No. 87.

Introduced by Mr. Cunningham of Cochise County.

A Proposition Relative to Homesteads and Exemptions.

IT IS HEREBY PROPOSED:

Section 1. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized and protected by wholesome laws exempting a reasonable amount of property from seizure or sale under any process of any Court for the payment of any debt or liability founded upon contract; Provided, no law shall be enacted which shall subject the homestead of any family, to the extent of 160 acres of land with all improvements thereon and the water rights thereto incident or, if within any city, town or village, any lot or lots of land to the extent of one acre with the improvements and of the value of not exceeding $2500, to seizure on attachment, execution and sale for the collection of any debt or liability founded upon contract; Provided, the exemption in this section shall not avail as against any mortgage or pledge thereon duly recorded and lawfully obtained; nor as against any obligation for the purchase price thereof, or contracted for the placing of improvements thereon, or repairs of the improvements thereon or taxes or assessments legally laid.

Section 2. The homestead provided for in this Article cannot be alienated, mortgaged or subjected to any lien without the joint consent of the husband and wife of the family, if such family consist of husband and wife.

Section 3. The homestead may be selected by the husband and wife from the separate property of the husband or wife, or, from the separate property of the husband and wife; or from the community property of the husband and wife; or all thereof from either; or partly from each of said properties in the discretion of the husband and wife; Provided, that the right to claim the homestead as exempt shall not be waived by the failure to designate, set off, record or otherwise, and in no event, except by writing duly acknowledged before an officer authorized by law to take and certify acknowledgements; and Provided further, that when a homestead has been claimed and designated, it shall thereafter be fully discharged from all debts or liabilities against it except as provided in this Article, and may be conveyed thereafter by the husband and wife jointly, if both be living, or by the head of the family, and the proceeds of any such sale shall likewise be exempt; Provided further, that the homestead rights herein reserved shall continue in the surviving widow during her widowhood and be enjoyed and occupied by any children during their minority, and shall descend and vest as provided by general law.

Section 4. The necessary implements of farming and cultivating the homestead and the necessary horses and cattle used by the family residing thereon, and all wearing apparel of the family; and all necessary household and kitchen furniture to the value of $300.00, shall likewise be exempt to any family residing in this State.

Section 5. There shall be exempt from attachment and garnishment or other trustee process the wages for personal services of the head of any family residing in this State; and for the purposes of this Article any person having any person depending upon him or her in part or wholly for support shall be deemed the head of a family; Provided, that when the wages of any person shall be garnished, it shall not be necessary for any court to make an order releasing the garnishee, but the presentation to such garnishee of an affidavit by any credible person to the effect that such employee is the head of a family, or some person is dependent upon him for support, such affidavit shall be ample protection such employer to immediately pay over such wages without any order of the court issuing such process and such affidavit filed in the action shall be a sufficient answer thereto.

Section 6. There shall be exempt from attachment, execution and sale or any mesne process issued for the collection of any debt or liability founded on contract, the wearing apparel, tools and instruments of trade or occupation to any resident of this State other than the head of a family; Provided, the exemption in this section may be waived by an instrument in writing signed by the claimant; but his or her failure to claim the same before sale thereof, or by his or her verbal waiver to any officer holding process against any debtor, shall be considered a waiver of such claim; Provided further, no claim of exemption shall be allowed as against any tax, or lien thereon, or the purchase price thereof.

Section 7. No exemption shall avail as against the collection of the purchase price of any property under the control of the purchaser.

Section 8. The Legislative power of the State shall never abridge the Rights of Exemption provided in this Article, and the courts shall construe all exemptions herein provided with liberality to the claimant; but the Legislative power may enlarge and regulate the same so that the full benefits may be conferred and enjoyed.

• Proposition Number 87 - Homesteads and Exemptions (introduced on 1910-10-26 09:00:00 - CREATE_FROM - e935442) [This document] [view current proposal at this moment]
  • Motion to Read Proposition Number 87 a Second Time (introduced on 1910-10-26 09:00:00 - PROCEDURE - e935444) [view current proposal at this moment]
    • None (introduced on 1910-10-26 09:00:00 - ADOPT_PROPOSAL - e935446) [view current proposal at this moment]
  • None (introduced on 1910-10-26 09:00:00 - REPORT_PROPOSAL - e935448) [view current proposal at this moment]