exceeding in value two hundred and fifty dollars, together with the necessary food for the team, for ninety days, are exempt from levy and sale by virtue of an execution, when owned by a person, being a householder, (4) or having a family for which he provides, except where the execution is issued upon a judgment, recovered wholly upon one or more demands, either for work performed in the family as a domestic, or for the purchasemoney(5) of one or more articles, except as prescribed in this or the last section.

L 1842, ch. 157. 1, as am'd by L. 1866, ch. 782 (4 Edni. 626; 6 Edm. 820); also L. 1858, ch. 107, 1 (3 R. S., 5th ed., 646; 4 Edm. 635). Dank . Quackenbush, 3 Denio, 594; Kueettle v. Newcomb, 22 N. Y. 251; 31 Barb. 169; Smith v. Hill, 22 id. 656; Cole v. Stevens, 9 id. 676; Mathewson v. Waller, 3 Den. 52: Vedder v. Alkenbrack, 6 Barb. 327; Hickox v. Fay, 36 id.9; Earl v. Camp, 16 Wend. 562; Fields v. Moul, 15 Abb. 6; Cox v. Stafford 11 How. 519. (1) Bitting v. Vandenburgh, 17 How. 80. (2) Robinson's case, 3 Abb. 466; Bitting v. Vandenburgh, 17 How. 80: Ford v. Johnson, 34 Barb. 364; Morse v. Keyes, 6 How. 20. (3) Dains v. Prosser, 32 Barb. 290; Hutchinson v. Chamberlain, 11 N. Y. Leg. Obs. 248; Harthouse v. Rikers, 1 Duer, 606; s. c., 11 N. Y. Leg. Obs. 223: Eastman v. Castell, 8 How. 75; Morse v. Keyes, 6 id. 20; Wilcox v. Hawley, 31 N. Y. 645; Hort v. Van Alstyne, 15 Barb. 568; Lockwood v. Younglove, 27 id. 505; Wheeier v. Cropsey, 5 How. 288; 1 Den. 128; Van Buren v. Loper, 29 Barb. 288; Stewart v. Brown, 37 N. Y. 350; Rue v. Alter, 5 Den. 119; Radcliff v Wood, 25 Barb. 52; Seaman v. Luce, 23 id. 240; Smith v. Slade, 57 id. 637; Cogsdill v. Brown, 5 Hun, 341: Finnin v. Malloy, 33 N. Y. Supr. 382. (4) Eeinecke v. Flecke, 35 N. Y. Supr. 491; Bowne v. Wilt, 19 Wend. 475; Griffin v. Sutherland, 14 Barb.456; Hutchinson v. Chamberlain, 11 N. Y. Leg. Obs. 248; Bowman v. Quackenboss, 3 Code R. 17; Brigham v. Bush, 33 Barb. 596. (5) Hoyt v. Van Alstyne, 15 Barb. 568; Davis v. Peabody, 10 id. 91; Cole v. Stevens, 9 id. 676; 6 How. 424; Barnes v. Anderson, 4 N. Y. Leg. Obs. 346; Hutchinson v. Chamberlain, 11 id. 248; Hickox v. Fay, 36 Barb. 9; Van Buren v. Loper, 29 id. 388; Craft v. Curtis, 25 How. 163; Cox v. Stafford, 14 How. 519; Mathewson v. Waller, 3 Denio, 52; Snyder v. Davis, 1 Hun, 350; s. c., 3 T. & C. 596.

§ 1392. [Amended, 1877.] Woman entitled to same exemption as a householder. Where the judgment debtor is a woman, she is entitled to the same exemptions, from levy and sale by virtue of an execution, zabject to the same exceptions, as prescribed in the last wo sections, in the case of a householder.

New.

1393. Military pay, rewards, etc., exempt from execution and other legal proceedings. The pay and bounty of a non-commissioned officer, musician, or private, in the military or naval service of the United States; a land warrant, pension, or other reward, here. tofore or hereafter granted by the United States, or by A state, for military or naval services; a sword, horse,

* Error in engrossing for "exempt."

medal, emblem, or device of any kind, presented, as testimonial, for services rendered in the military or naval service of the United States; and the uniform, arms, and equipments, which were used by a person in that service, are also exempt from levy and sale, by virtue of an execution, and from seizure for non-payment of taxes, or in any other legal proceeding.

L. 1864, ch. 578, 4 and 5 (6 Edm. 367), consolidated and am'd.

§ 1394. Right of action for taking, etc., exempt property. A right of action to recover damages, or damages awarded by a judgment, for taking or injuring personal property, exempt by law from levy and sale, by virtue of an execution, are exempt, for one year after the collection thereof, from levy and sale, by virtue of an execution, and from seizure in any other legal proceeding.

New. See Tillotson v. Wolcott, 48 N. Y. 188.

din extent one-fourth of an acre.

at the time of its designation, ds, any building or structure, its, or other places of deposit ry monuments.vel mori ano of 2 (4 Edm. 629), am'd. 1 of 15ojdss

§ 1896. How mpt burying ground designated. In order to designate land, to be exempted as prescribed in the Inst section, a notice, containing a full scription of the land to be exempted, and stating that s been set apart for a family or private burying d, must be subscribed by the owner; acknowl proved, and certified, in like manner as a deed ed in the county where the land is situated; ed in the office of the clerk or register of in the proper book for recording deeds, at

least three days before the sale of the land, by virtue of the execution.

L. 1847, ch. 85, the residue of ? 2, am'd.

§ 1397. [Amended, 1883.] Homestead; when exempted. A lot of land, with one or more buildings thereon, not exceeding in value one thousand dollars, owned, and occupied as a residence, by a householder having a family, and heretofore designated as an exempt homestead, as prescribed by law, or hereafter designated for that purpose, as prescribed in the next section, is exempt from sale, by virtue of an execution, issued upon a judgment, recovered for a debt contracted after the thirtieth day of April, eighteen hundred and fifty: unless the judgment was recovered wholly for a debt or debts, contracted before the designation of the property,(or) for the purchase-money thereof. But no property heretofore or hereafter designated as an exempt homestead, as prescribed by law, or by the next section, shall be exempt from taxation, or from sale for non-payment of taxes

or assessments.

L. 1850, ch. 280 (4 Edm. 632), first sentence of 3 1. Lathrop v. Singer, 39 Barb. 396; Smith v. Brackett, 36 id. 571; Allen v. Cook, 26 id. 374; Kneettle v. Newcomb, 22 N. Y. 249; Rice v. Davis, 7 Lans, 393; Schouton v. Kilmer, & How. 527; Robinson v. Wiley, 15 N. Y. 489. (1) Cook v. Newman, 8 How. 523.

§ 1398.* How exempt homestead designated. - In order to designate property, to be exempted as prescribed in the last section, a conveyance thereof, stating, in substance, that it is designed to be held as a homestead, exempt from sale by virtue of an execution, must be recorded, as prescribed by law; or a notice, containing a full description of the property, and stating hat it is designed to be so held, must be subscribed by e owner, acknowledged or proved, and certified, in te manner as a deed to be recorded in the county here the property is situated; and must be recorded the office of the clerk of that county, in a book kept r that purpose, and styled the "homestead exemption k."

part of 2. Allen v. Cook, 26 Barb. 374; Robinson v. Wiley, 19 158, note.

1399. Married woman's homestead; when expted. A lot of land, with one or more buildings eon, owned by a married woman, and occupied by a residence, may be designated as her exempt ead, as prescribed in the last section; and the so designated is exempt from sale, by virtue

of an execution, under the same circumstances, and sub ject to the same exceptions, as the homestead of a householder, having a family.

New. See 1392, ante.

$1400. When exemption to continue after owner's death. The exemption, prescribed by the last three sections, continues, after the death of the person in whose favor the property was exempted, as follows:

1. If the decedent was a woman, it continues, for the benefit of her surviving children, until the majority of the youngest surviving child.

2. If the decedent was a man, it continues, for the benefit of his widow and surviving children, until the majority of the youngest surviving child, and until the death of the widow.

But the exemption ceases earlier, if the property ceases to be occupied, as a residence, by a person for whose benefit it may so continue, except as otherwise prescribed in the next section.

L. 1850, ch. 260 (4 Edm. 632), second sentence of § 1, am'd.

§ 1401. Exemption; when not affected by temporary suspension of residence. The right to exemption, of a person entitled thereto, as prescribed in the last four sections, is not affected by a suspension of the occupation of the exempt property, as a residence, for a period not exceeding one year, which occurs in consequence of injury to, or destruction of, the dwelling house upon the premises.

New.

§ 1402. If value of homestead exceeds $1,000, lien attaches to surplus. The exemption of a homestead, otherwise valid under the provisions of this article, is ot void, because the value of the property, designated exempt, exceeds one thousand dollars. In that case, lien of a judgment attaches to the surplus, as if the perty had not been designated as an exempt home; but the property cannot be sold by virtue of an ecution, issued upon a judgment, as against which it xempt. After the return of such an execution, the er of the judgment may maintain a judgment credi

tor's action, to procure a judgment, directing a sale of the property, and enforcing his lien upon the surplus.

New.

§ 1403. Id.; how proceeds to be marshalled when property is sold. Where the judgment, in a judgment creditor's action, brought as prescribed in the last section, or in any other action affecting the title to an exempt homestead, directs the sale of the property, the court must so marshal the proceeds of the sale, that the right and interest of each person in the proceeds, shall correspond, as nearly as may be, to his right and interest in the property sold. Money, not exceeding one thousand dollars, paid to a judgment debtor, as representing his interest in the proceeds, is exempt for one year after the payment, as the property sold was exempt; unless, before the expiration of the year, he causes real property to be designated as an exempt homestead, as prescribed in section 1398 of this act; in which case, the exemption ceases, with respect to so much of the money, as was not expended for the purchase of that property; and the exemption of the property so designated extends to every debt, against which the property sold was exempt. Where the exemption of property, sold as prescribed in this section, has been continued after the judgment debtor's death, or where he dies after the sale, and before payment to him of his proportion of the proceeds of the sale, the court may direct that portion of the proceeds, which represents his interest, to be invested, for the benefit of the person or persons, entitled to the benefit of the exemption; or to be otherwise disposed of, as justice requires.

New.

§ 1404. Exemption of real property; how cancelled. The owner of real property, exempt as prescribed in this article, may, at any time, subscribe a notice, and personally acknowledge the execution thereof, before an officer, authorized by law to take the acknowledgment of a deed, to the effect, that he cancels all exemptions from levy or sale by virtue of an execution, affecting the property, or a particular part thereof, fully described in the notice. The cancellation takes effect, when such a notice is recorded, as prescribed in this article for re fording a notice to effect the exemption so cancelled.