TITLE II. Execution against property. Article 1. Property exempt from levy and sale. 2. Lien of an execution upon personal property; levy upon and sale of personal property. Rights of indemnitors of sheriff. 3. Sale, redemption, and conveyance of real property; rights and liabilities of persons interested. 4. Remedies for failure of title to real property sold, and to enforce contribution. ARTICLE FIRST. Property exempt from levy and sale. Sec. 1389. Certain special exemptions not affected by this article. 1390. What personal property is exempt, when owned by a householder. 1391. Additional personal property exempt in certain cases. 1392. Woman entitled to same exemption as a householder. 1393. Military pay, rewards, etc., exempt from execution and othe legal proceedings. 1394. Right of action for taking, etc., exempt property. 1395. Burying ground; when exempted. 1396. How exempt burying ground designated. 1397. Homestead; when exempted. 1398. How exempt homestead designated. 1399. Married woman's homestead; when exempted. 1400. When exemption to continue after owner's death. 1401. Exemption; when not affected by temporary suspension of residence 1402. If value of homestead exceeds $1,000, lien attaches to surplus. 1403. Id.; how proceeds to be marshalled when property is sold. 1404. Exemption of real property; how cancelled. § 1389. Certain special exemptions not affected by this article. The enumeration, in this article, of the property which is ex empt from levy and sale by virtue of an execution, does not repeal any special provision of law, relating to such an exemp tion, which, by its terms, is applicable only to a particular class of persons, or corporations, or to a particular locality, or other wise to a special case. Designed to guard against a repeal, by implication, of provisions like L 1847, ch. 133, § 10 (2 R. S., 5th ed., 630; 3 Edm. 748); L. 1851, ch. 122, § § (2 R. S., 5th ed., 784; 3 Edm. 782); L. 1866, ch. 273, § 6 (6 Edm. 715% L. 1867, ch. 516; and various similar statutes. § 1390. What personal property is exempt, when owned by a householder.* The following personal property, when owned by a householder, is exempt from levy and sale by virtue of an execution; and eac movable article thereof continues to be so exempt, while t family, or any of them, are removing from one residence to another: 1. All spinning wheels, weaving looms, and stoves, put up, kept for use, in a dwelling house; and one sewing-machine, with its appurtenances. 2. The family bible, family pictures, and school-books, used t or in the family; and other books, not exceeding in value fift dollars, kept and used as part of the family library. * See L. 1878, ch. 33. 3. A seat or pew, occupied by the judgment debtor, or the amily, in a place of public worship. 4. Ten sheep, with their fleeces, and the yarn or cloth manuactured therefrom; one cow; two swine; the necessary food for hose animals; all necessary meat, fish, flour, groceries and vegeables, actually provided for family use; and necessary fuel, oil, nd candles, for the use of the family for sixty days. 5. All wearing apparel, beds, bedsteads, and bedding, necessary or the judgment debtor and the family; all necessary cooking tensils; one table; six chairs; six knives; six forks; six spoons; ix plates; six tea cups; six saucers; one sugar dish; one milk ot; one tea pot; one crane and its appendages; one pair of ndirons; one coal scuttle; one shovel; one. pair of tongs; one mp, and one candlestick. 6. The tools and implements of a mechanic, necessary to the arrying on of his trade, not exceeding in value twenty-five ollars. 2 R. S. 367, § 22 (2 Edm. 380), as am'd by L. 1860, ch. 152; with additions, § 1391. [Am'd, 1879.] Additional personal property exmpt in certain cases. In addition to the exemptions, allowed by the last section, ecessary household furniture, working tools and team, profesonal instruments, furniture and library, not exceeding in value vo hundred and fifty dollars, together with the necessary food or the team, for ninety days, are exempt from levy and sale by rtue of an execution, when owned by a person, being a houseolder, or having a family for which he provides, except where e execution is issued upon a judgment, recovered wholly upon ne or more demands, either for work performed in the family s a domestic, or for the purchase-money of one or more articles, <cept* as prescribed in this or the last section. L. 1842, ch. 157, § 1, as am'd by L. 1866, ch. 782 (4 Edm. 626; 6 id. 0); also L. 1858, ch. 107, § 1 (3 R. S., 5th ed., 646; 4 Edm. 635). See T. & C. 596. § 1392. [Am'd, 1877.] Woman entitled to same exemption sa householder,,a,b tałamoti Where the judgment debtor is a woman, she is entitled to he same exemptions, from levy and sale by virtue of an execuon, subject to the same exceptions, as prescribed in the last wo sections, in the case of a householder. § 1393. [Am'd, 1895.] Military pay, rewards, etc., exempt rom execution and other legal proceedings, The pay and bounty of a non-commissioned officer, musician, r private, in the military or naval service of the United States r the State of New York; a land warrant, pension, or other eward, heretofore or hereafter granted by the United States, or by State, for military or naval services; a sword, horse, medal, mblem, or device of any kind, presented, as a testimonial, for ervices rendered in the military or naval service of the United States or a State: 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 nonpayment of taxes, or in any other legal proceeding. L. 1895, ch. 663. § 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. § 1395. Burying ground; when exempted. Land, set apart as a family or private burying ground, and heretofore designated, as prescribed by law, in order to exempt the same, or hereafter designated for that purpose, as prescribed in the next section, is exempt from sale, by virtue of an execu tion, upon the following conditions only: 1. A portion of it must have been actually used for that purpose. 2. It must not exceed in extent one-fourth of an acre. 3. It must not contain, at the time of its designation, or at any time afterwards, any building or structure, except one or more vaults, or other places of deposit for the dead, or mortuary monuments. L. 1847, ch. 85, § 1, and part of § 2 (4 Edm. 629), am'd. § 1396. How exempt burying ground designated. In order to designate land, to be exempted as prescribed in the last section, a notice, containing a full description of the land to be exempted, and stating that it has been set apart for a family or private burying ground, must be subscribed by the owner; acknowledged or proved, and certified, in like manner as a deed to be recorded in the county where the land is situated; and recorded in the office of the clerk or register of that county, 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. [Am'd, 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 purchasemoney thereof. But no property heretofore or hereafter desig nated 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. 260 (4 Edm. 632), first sentence of § 1; L. 1883, ch. 156. 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 that it is designed to be so held, must be subscribed by the owner, acknowledged or proved, and certified, in like manner as a deed to be recorded in the county where the property is situated; and must be recorded in the office of the clerk of that county, in a book kept for that purpose, and styled the "homestead exemption book.' L. 1850, ch. 260 (4 Edm. 632), part of § 2. § 1399. Married woman's homestead; when exempted. A lot of land, with one or more buildings thereon, owned by a married woman, and occupied by her as a residence, may be designated as her exempt homestead, as prescribed in the last section; and the property so designated is exempt from sale, by virtue of an execution, under the same circumstances, and subject to the same exceptions, as the homestead of a householder, having a family. 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 sus, pension 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. 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 not void, because the value of the property, designated as exempt, exceeds one thousand dollars. In that case, the lien of a judgment attaches to the surplus, as if the property had not been designated as an exempt homestead; but the property cannot be sold by virtue of an execution, issued upon a judgment, as against which it is exempt. After the return of such an execution, the owner of the judgment may maintain a judgment creditor's action, to procure a judgment, directing a sale of the property, and enforcing his lien upon the surplus. § 1403. Id.; how proceeds to be marshalled when property is sold. T 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 judg ment 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. § 1404. [Am'd, 1894.] Exemption of real property; how canceled. 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 recording a notice to effect the exemption so canceled. Any other release or waiver, hereafter executed, of an exemption of real property, allowed by this article, or of an exemption of a homestead, or a private or family burying-ground, allowed by the provisions of law heretofore in force, is void; provided, however, that nothing herein contained, shall be so construed as to prevent the husband and wife from jointly conveying or mortgaging property so exempt. L. 1894, ch. 202, 370 |