affect its homestead character. The fact that the husband is the legal
head of the family invests him with the power of establishing his home
wherever he may choose, with or without the assent of his wife. Use is
essential to give property a homestead character, and an intention to
occupy is not sufficient in the absence of actual residence.

[Sidenote: Embraces what.]

It may contain one or more lots or tracts of land with the buildings
thereon and other appurtenances, subject to the limitations contained in
the next section, but must in no case embrace different lots or tracts,
unless they are contiguous, or unless they are habitually and in good
faith used as a part of the same homestead. [Sec.3170.]

[Sidenote: Extent.]

If within a town plat it must not exceed one-half an acre in extent, and
if not within a town plat, it must not embrace in the aggregate more
than forty acres. But if, when thus limited, in either case, its value
is less than five hundred dollars, it may be enlarged until it reaches
that amount. [Sec.3171.]

[Sidenote: Dwelling appurtenances.]

It must not embrace more than one dwelling house, or any other buildings
except as such are properly appurtenant to the homestead; but a shop or
other building situated thereon, and really used and occupied by the
owner in the prosecution of his own ordinary business, and not exceeding
three hundred dollars in value, may be deemed appurtenant to such
homestead. [Sec.3172.]

[Sidenote: Selecting. Platting.]

The owner or the husband or wife, may select the homestead and cause it
to be marked out, platted, and recorded as provided in the next section.
A failure in this respect does not leave the homestead liable, but the
officer having an execution against the property of such defendant, may
cause the homestead to be marked off, platted and recorded and may add
the expense thence arising to the amount embraced in the execution.
[Sec.3173.]

[Sidenote: Description. Recording.]

The homestead shall be marked off by fixed and visible monuments, and in
giving the description thereof, the direction and distance of the
starting point from some corner of the dwelling-house shall be stated.
The description and plat shall then be recorded by the recorder in a
book to be called the "homestead book," which shall be provided with a
proper index. [Sec.3174.]

[Sidenote: Changes.]

The owner may from time to time change the limits of the homestead by
changing