commissioners, or taxes due for the State or county purposes, as herein before provided: Provided, The land and improvements do not exceed in value one thousand dollars; said valuation to be ascertained as herein before provided in section six And provided, further, That if, upon such valuation, said land shall exceed one thousand dollars, it shall be the duty of said appraisers to set apart a portion of said land, including the dwelling or residence thereon, in case the same shall not be valued at more than one thousand dollars; if so, they shall set apart any portion of said land which may be selected by the owner thereof not exceeding in value one thousand dollars, which shall be exempted from sale and reserved for the use of said family. Also, the following property shall be exempt: The boat of every fisherman, pilot, or resident upon any ermen, &c., island, and the boat and flat of every ferryman, when in either exempt. case the same shall not exceed in value two hundred dollars. (c)

Boats of fish

SEC. 8. The proprietor of such lands so exempted from exe- Property excution, attachment and distress, shall have the power to dis-empted to be disposable and pose of the same by last will and testament. Should the inheritable. proprietor of such land die intestate, then the same shall descend to his widow and minor children, and such exemption shall continue through the widowhood of the widow and the minority of the children; should the proprietor leave neither widow nor children, the property shall be subject to his debts. (c)

warrants

SEC. 9. All lands located by any soldier under any warrant Land located issued under and by virtue of any act of Congress granting under bounty bounty lands, approved 28th September, 1850, be and the same exempted. are hereby exempted from attachment, execution, or distress as long as said land may be in the possession of the soldier holding the same: Provided, Such person has no other lands exempted under this chapter. (c)

SEC. 10. Provided, That nothing herein contained shall im- Vested rights. pair any vested right hitherto existing by virtue of any statute or lien, or previous indebtedness. (c)

as a home

filed in the

SEC. 11. Whenever any person, being the head of a family, Statement deresiding in this State, shall desire to avail himself or herself scribing property claimed of the benefit of the provisions of the Constitution and laws to be exempt exempting property as a homestead from forced sale under stead to be any process of law, he or she may make a statement in writing lece of the containing a description of the real property claimed to be ex- County Judge. empt, and declaring that the same is the homestead of the party in whose behalf such claim shall be made. Such statement shall be signed by the person making the same, and re- 15 Fla., 338. corded in the records of the probate office of the County Judge. (d)

SEC. 12. Whenever a levy shall be made upon the lands or

(c) Secs. 4, 5, 6 and 7, Chap. 1481, Act of Jan. 16, 1866.

(d) Sec. 1, Chap. 1715, Act of June 23, 1859.

16 Fla., 498.

Proceedings

tenements of such head of a family whose homestead has not when there is been set apart and selected, such person, his, or her agent or

a levy before

selection of homestead.

Creditor dis

satised with

lands selected

can have the

same surveyed.

to take lands with obscure

title.

attorney, may, in writing, notify the officer making such levy, by notice under oath made before any officer of this State duly authorized to administer the same, at any time before the day appointed for the sale thereof, of what he regards as his or her homestead, with a description thereof, and the remainder only shall be subject to sale under such levy.

(d)

SEC. 13. If the creditor in any execution or process sought to be levied shall be dissatisfied with the quantity of lands sethe quality of lected and set apart as aforesaid, and shall himself, or by his agent or attorney, notify the officer thereof, the officer making such levies shall at the request of said creditor, cause the same to be surveyed, beginning at a point designated by the person claiming exemption, and when the homestead is not within the corporate limits of any town or city, the person claiming said exemption shall have the right to set apart that portion of land belonging to him which includes his residence, or not, at his option, and if the first tract or parcel does not contain one hundred and sixty acres, it shall be the duty of the said officer to set apart the remainder from any other tract or tracts claimed by the debtor; but in every case taking all the land lying contiguous till the whole quantity of one hundred and sixty acres is made up: Provided, That the person claiming said exempNot compelled tion shall not be forced to take as his homestead any tract or portion of a tract, if any defect exists in the title, except at his option, and the expense of such survey shall be chargeable on the execution as costs; but if it shall appear that the person claiming such exemption does not own more than one hundred officer making and sixty acres in the State, the expenses of said survey shall a levy to carry be paid by the person directing the same to be made, and it shall be a felony for any officer making a levy to sell or carry away any personal property exempt from forced sale under the Constitution and laws of Florida. And no creditor of the person claiming exemption of personal property shall be competent to act as appraiser of personal property claimed as exempt. Any officer violating the homestead and exemption laws shall be removed from office and fined not exceeding double the amount, and not less than the whole amount, of damages sustained by said creditor, to be collected on his bond as in case of default in any other neglect of duty, and imprisonment not less than six months in the State prison. (e) SEC. 14. After such survey shall have been made, the officer making the levy may sell the property levied upon, not included in such set-off, in the manner provided by law. (ƒ)

Felony for an

property exempt from forced sale.

Penalty on officers.

Property not set-off may

be sold.

When leasehold interests exempted.

SEC. 15. Any person owning and occupying any dwellinghouse or land not his own, which he may possess rightfully by lease or otherwise, and claiming such house as his homestead,

(d) Sec. 2, Chap. 1715, Act of June 23, 1869.

(e) Chap. 1944, Act of Feb. 24, 1873.

(J) Sec. 4, Chap. 1715, Act of June 23, 1869.

shall be entitled to the exemption of such house from levy and sale as aforesaid. (ƒ)

death of owner,

SEC. 16. Real and personal estate, exempted from forced sale What property under any process of law, shall likewise, after the death of the exempt after owner, being the head of the family, be exempt from sale, in all and when. cases in which any widow or infant children of the owner shall survive and claim such exemption, and such property or the rents and profits thereof shall not go into the hands or possession of an executor or administrator as assets for the payment of the debts of such deceased owner, and shall be liable only Extent of for the payment of obligations contracted for the purchase of exemption. said premises, or for the erection of improvements thereon, or for horse, field or other labor performed on the same. (ƒ).

property ex

upon.

SEC. 17. When a levy shall be made upon personal property, Proceedings which may be exempt from levy and sale under the order or where personal process upon which said levy was made, the officer levying empt is levied shall, if desired by the debtor, his agent or attorney, make an inventory of the whole of the personal property of the party against whom such process issued; and the said party against whom such process issued shall point out the whole of his personal property to the officer making such inventory, and make affidavit that the inventory made by such officer contains a true and perfect list of all his personal property. It shall then be the duty of the said officer to summon three disinterested persons, who shall be freeholders of the county where the property may be, who, after having made oath before said officer that they will faithfully appraise said property, shall appraise the same at its cash value, and affix to the several items of property enumerated in said inventory, its cash value, and such inventory shall be signed by said appraisers, and by said officer. Reasonable notice of not less than twelve hours of the time and place said appraisement is to be made, shall be given to the party in whose favor the levy was made, or to his agent or attorney. The appraisers shall be entitled to the same fees allowed to jurors, and the same may be collected as costs upon praisers. the process in the hands of the officer. (ƒ)

Fees of ap

inventory.

SEC. 18. Upon such inventory being completed, the person Selection after entitled to such exemption, or his agent or attorney, may se- completion of lect from such inventory an amount of such property not exceeding, according to such appraisal, the amount or value exempted; but if the person so entitled, or his agent or attorney, 16 Fla., 498. shall not appear and make such selection, the officer shall make the selection for him, and the property not so selected as exempt may be sold. (ƒ)

emption may

SEC. 19. If any judgment or decree shall not be satisfied out Matter of exof the property of any debtor, and if any creditor or person be made subinterested in enforcing any such judgment or deeree shall, by ject of a bill in equity. bill in equity, complain that any property claimed to be exempt as a homestead as aforesaid, is not so exempt within the intent

(f) Secs. 5, 6, 7 and 8, Chap. 1715, Act of June 23, 1869.

Property exempt not to be alienated.

Prior debts not affected.

Insurance to

enure to child,

of insured.

and meaning of the Constitution and laws, the court shall proceed to hear and determine the case according to the rules and practice of the court of chancery; and if it shall appear that such property was not so exempt, the court shall, by its decree, subject the said property, or so much thereof as may be necessary for that purpose, to sale for the satisfaction of such judgment or decree as aforesaid. (g)

SEC. 20. All property, real and personal, exempted under and by virtue of Sections 11 to 20 of this chapter, shall not be alienated by the parties applying for said exemption, except by the consent first had and obtained of the County Judge of the county in which such property lies. (g)

SEC. 21. This law shall in no manner affect the collection of debts existing prior to its passage. (g)

SEC. 22. Whenever any person shall die in this State leaving insurance upon his or her life, the said insurance shall enure &c.. on death exclusively to the benefit of his or her child or children, husband or wife, in equal portions, or to any other person or persons for whose use and benefit said insurance is declared in the policy; and the proceeds thereof shall in no case be liable to attachment, garnishment or any legal process by any creditor or creditors of the person whose life was so insured, unless said policy declares that said insurance was effected for the benefit of such creditor or creditors. (h)

Proceeds not liable to garnishment, &c.

Wages to labor

be attached.

SEC. 23. No writ of attachment or garnishment shall issue ing men not to from any of the courts of this State to attach or delay the payment of any money due to any person who is the head of a family, residing in this State, when the money is due for the personal labor or services of such person. (i)

Defence to attachmenthow made.

Affidavit to be made.

SEC. 24. That whenever any money due for labor or services as aforesaid is attached by garnishment process, the person to whom the same is due and owing may make oath before the officer who issued the process that the money attached is due for the personal labor and services of such persons, and that he or she is the head of a family residing in this State. When such an affidavit is made, notice of the same shall be forthwith given to the party or his attorney who sued out the attachment and garnishment, and if the facts set forth in said affidavit are not denied under oath within two days after the service of said notice, the attachment or garnishment shall be returned, and all proceedings under the same shall cease. If the facts stated in the affidavit are denied by the party who sued out the attachment, within the time above set forth and under oath, then the matter shall be tried by the court from which the writ or process issued, in like manner as claims to property levied upon by writ of execution are now provided to be tried, and the money attached shall remain subject to the attachment until released by the judgment of the court which shall try the issue. (i)

(g) Secs. 9, 10 and 11, Chap. 1715, Act of June 23, 1869.

(h) Chap. 1864, Act of Feb. 17, 1872.

(i) Secs. 1 and 2, Chap. 2065, Act of Feb. 20, 1875.

CHAPTER 105.

FENCES.

1. Manner fences to be built; manner. where there is ditch also.

2. No trespass if fence not lawful; persons responsible for killing stock if fence not lawful.

4. Trials under such law; title to land not to be brought into question.

5. Penalty for not having lawful

3. Stakes or canes prohibited; fence in Walton county. penalty for killing stock in such

erected. :

SECTION 1. All fences or enclosures commonly called worm, How fences log, or post and railing fences, that shall be erected and made shall be around or about any garden, orchard, plantation, or settlement in this State, shall be five feet high, and then well staked or ridered, or otherwise shall be five feet high, and locked or braced at the corners, and from the ground to the height of three feet of every such fence or enclosure, the rails or logs thereof shall not be more than four inches distant from each 5 Fla., 385. other; and that all fences or enclosures that shall consist of paling, shall likewise be five feet high from the ground, and the pales thereor not more than two inches asunder: Provided, That when any fence or enclosure shall be made with a trench or ditch, the same shall be four feet wide, and in that case, the fence shall be five feet high from the bottom of the ditch, and three feet high from the top of the bank. (a)

not lawful.

SEC. 2. If any trespass or damage shall be committed on No trespass any garden, orchard, plantation, or settlement, not being if fence is fenced or enclosed in manner as herein before is directed, by the irruption, breaking in, or straying of any cattle, horses, sheep, goats or swine, the owner of any such cattle, horses, sheep, goats or swine, shall not be liable to answer for such trespass, or to make good or satisfy any damage or injury, that shall happen or be committed by reason thereof; and in case any person shall kill, maim, hurt or destroy, or cause to be killed, maimed, hurt or destroyed, any cattle, horse, sheep, hogs, goats or swine, so trespassing and straying, or breaking into any garden, orchard, plantation or settlement, not fenced and enclosed in manner as by this chapter is directed, all and every such person and persons shall answer, and make good to the owner or owners thereof, all such injury and damages as he or they shall sustain thereby, the same to be recovered on due proof thereof before any court having competent jurisdiction. (b)

SEC. 3. No planter or other person, not having a lawful Stakes or fence, shall fix or cause to be fixed in any of his enclosures, hibited.

(a) Sec. 1, Act of June 11, 1823, as amended by Act of Dec. 13, 1824.

(b) Sec. 2, Act of June 11, 1823.

canes pro