Homesteads

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

1.Exemption of Homesteads and Other Accessories. - Section 1. The homestead owned by any person, the head of a family in this State, to consist of land or town property not less in value than $500, shall be exempted from seizure and sale by any legal process whatever, for any debt contracted after the adoption of this Constitution: Provided, that such exemption shall not affect, in any manner, any mechanic's lien, or any mortgage thereon lawfully obtained; but such mortgage or other alienation of land by the owner thereof, if a married man, shall not be valid without the signature of his wife.

Sec. 2. The legislature shall, in addition to the present exemption of personal property, add to it, in the case of those persons who are not land holders, such additional amount in value of mechanics' tools, farming utensils, and other personal property, necessary to the business or support of such persons as the said legislature may deem expedient and equitable.

Sec. 3. The legislature shall pass such laws as are necessary to carry into effect all the provisions of this article (p. 197). Reported by a select committee on Nov. 5. Laid on the table on second reading by a vote of 79-36 (p. 702). This same provision was rejected a second time by a vote of 28-84 (p. 284).