The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-04-21
Homestead Exemption Bill.

Homestead Exemption Bill.
We give below the bill to exempt homestead
from execution for debt. introduced into the Sem
ate by Mr.. Arshbold, Chairman Of the Judiciary
Committee.
AMENDMENT TO HOUSE BILL No. 81.
Strike out all after the enacting clause and in.
stIt:
Sec. l. That from and after the taking effect
of this act, the family homestead of debtors not
exceeding forty acres in extent, nor five hundred
dollars in value, shall be exempted from sale in |
execution Of any judgment founded on contract
made after the taking effect Of this act.
Sec. q. That the sheriff or other officer execut-
ing any writ of leyari facias. founded on any
judgment such as is mentioned in the first section
of this act, application ofthe debtor, his or her
agent or attorney; ifsuch debtor shall have fam
ily and il the lards or tensments about to be lie.
We'd on, or any part or parcel thereof 81 all be
the homestead of such family, shall cause the in
quest Of appraisers upon their oahs, to set off to
such debtor by metes and bounds, homestead
not exceeding forty acres in extent, nor FIVE hun
dred dollars IN value. And the assignment Of the
homestead SO made by the appraisers, shall be re-
turned by the sheriff or other officer along with
his writ, and shall be copied by the clerk into the
execution docket And if no complaint be made
by either party, no further proceedings shall be
had against the homestead, but the remainder Of
the debtors land, if any he shall have. shall be H.
able to sale on execution in the same manner if
this act had not passed. Provided, that upon
Complaint of either party and upon good cause
shown, the court out Of which the writ Issued
may order re-appraisement and re-assignment of
the homestead.
Sec. On petition of executors or adminstra.
tors to sell the lands of any decedent to pay debts,
who shall have left widow and minor child or
children unmarried, and composing part Of the
decedsnt's family at the time of his death, If it
shall appear to the inquest Of appraisers that the
widows dover is less than the homestead here
inbefore exempt from execution for debt, they
shall make such addition thereto, that the whole
shall not exceed forty acres in auantity, nor FIVE
hundred dollars In value, and the same shall re-
main exempted from sale or execution for debts
contracted after the taking effect OF this act, while
any unmarried minor child OF children shall reside
thereon, although the widow may have previously
died. And the unmarried minor child or children
tf any decedent actually residing IN the family
homestead shall be entitled TO hold the same ex.
empt from sale or execution for debt ss herein
before provided for, although the parent from
whom the same descended may have left no wife
: or husband surviving.
Seed. Every widower or widow having an un
married minor child or children, ,residngwh him Of
her as part ofhis or her family shall have the bsne6
of this act in the same manner as married persons
: And married persons, living together as husband
and wife, shall be entitled to the exemption in thl
: act provided for, although they shall have nj
children.
Sec. 5. Any rerson owning the supersructurs
Of dwelling house occupied by him or her as
/. family homestead, shall be entitled to the benef
of this act although the title to the land on which
the same may be built, shall be in snother. Ant
lessees shall be entitled 10 the benefits of this ac
, in the same manner as owners of the freehold
or the inheritance.
Sec.6. When the homestead Of any debtor in
city, town or village. which in the opinion of the
appraisers will not bear division without manifest
injury and ncoDven fence, if they assess the total
value to be greater than FIVE hundred dollars, they
shall also fair annual rent for the excess OF
value above that sum, which shall be punctuaIly
paid annually and every year until the judgment
shall be fully discharged; but if the judgment
debtor shall fail to make punctual payment Of the
said rent so assessed as aforesaid, the tenement
SO charged with rent shall be liable TO actual sale
IN the same manner other lands but the sheriff
or other officer making sale of any homestead un-
der the provisions of this section, or other fit and
discreet person to be appointed by the court out
of which the writ shall have issued. shall immed-
ately invest FIVE hundred dollars of the proceeds
of such sale in real estate in the county OF the
debtors residence, to be occupied by him as a
homestead.
Sec. 4. The judgment creditor or creditors, his.
her or their agent or attorney may preserve the
lien upDn the lands hereinbeiore exempted from
execution, by entering on the execution docket of
the court rendering the judgment. summary
declaration OF intention to preserve such lien,
and renewing the same at intervals not exceeding
five years; although an interval of more than FIVE
years may at any time have elapsed without an
actual issue of writ of execution; but if the
lands shall lie in the county in which the judg-
ment shall have been rendered, the declaration OF
intention to preserve the lien shall also be made
on The execution docke. of the court OF common
pleas of the county in which the same may lie
For any additional services performed under the
provisions Of this act, the persons rendering the
same shall be entitled to the same fees as for sim
lar service in other cases.
Sec. 8. The provisions of this act shall not ex-
tend to any judgment rendered on any contract
made before the taking effect OF this act; nor to
impair the lien Of the vendor for purchase money
Of the homestead in question. nor of any mechanic