The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1850-05-01


had h. been made party thereto.
BENJAMIN F. LETTER,
Speaker Of the House Of Representatives..
CHARLES G. CONyERS,
Speaker cf The Senate.
March %, 1850.
AN ACTt0 erempt the hehomestead Of families
from forced sale on crfcatiou, TO pay debts
SEc. b. BE il enacted by the General As
sembiy Of the State Of Ohio, That from and
after the fourth Of July next, the family
homestead of each head of family shall be
exempt from sale on execution on any judg-
ment or decree rendered on any cause Of ac-
ton accruing after the taking effect Of this
Iact, provided that such homestead shall not
exceed five hundred dollars in value.
Sec. 2. That the sheriff or other officer
executing any writ Of execution, founded on
any Judgment or decree such as is mention
ed in the first section of this aci, on appica.
tion of the debtor or his wife, his agent or
attorney, II such debtor have family, and il
the lands or .enements about 10 be levied on,
or any pat or parcel thereof, shall be the
homestead thereof, shall cause The inquest OF
appraisers, upon their oalhs, 10 set off such
debtor, by metes and bounds, homestead
no, exceeding five hundred dollars in value,
and the assignment Oi'the homestead so made
by the appraisers shall be returned by the
sheriff, or oher officer, along with his wit
and shall be copied by the clerk into the ex
eculion docket; and if no complaint be made
by either party, no further proceedings shall
!, be had against the homestead; but the re-
mainder OF The debtors lands and tenemens
it any more he shall have, shall be liable to
sale on execution, in the same manner as if
this act had not passed provided, that upon
complaint Of either patty, and upon gooI
cause shown, the court out Of which The wr
issued, may orders pprasement and re-
assignment Of The homestead; provided, also
thai in case no application be made as afure'
said during the Lifetime of the debtor, sucI
application may be made by The widow of The
Judgment debtor at any time before sale.
SEC. g. On petition of executors or ad
minstra,ors, TO sell the lands Of any deceden
to pay debts, who shall have ieita widow ant
a minor child or children, unmarried anc
composing part of decendent's family at The
time Of ais death, the appraisers shall proceed
10 set apart homestead in the same manne
as is provided in the proceeding section; ant
the same shall remain exempt from sale OF
execution for debts contracted after the tn
king effec! of this act, ald exempt from salt
under any order of such court so long as an,
Unmarried minor child, or children, shall re
side thereon, although the widow may have
previously died; and the unmarried mino
, child or children, of any decedeni actually
residing OH the family homestead, shall be
entitled 10 hold the same exempt from salt
ON execution for debts as hereinbelOre pro-
yided for, although tie parent from whom
the spme descended may have left no wife o
husband surviving.
SEC 4. Every wdowel, or widow, having
an unmarried minor child, or children, resi-
ding with him, or her, as part Of his or he
family, shall have the benefit Of this act, il
the same manner as married persons. AM
married persons, living together as HUSBAND
and wife, shall be entitled to the exemption
in this act provided, although they shall haV'
no children.
; SEC 5. ANY person owning the super.
structure Of a dwelling house, occupied b
him or her as family homestead, shall b
entitled 10 The benefit of this act, allnoug
the tile to the land on which the same ma.
be built shall be in another; and fessees sha
be entitled 10 the benefits Of this act, in th
same manner as owners of the lreehol
OF inheritance; provided, nothing herein cor
tanned shall be construed 10 prevent a sale c
the fee simple subject 10 such lease
SEC. q. When the homestead OF any bebtC
: in execution shall consist Of house and lot {
: land, which, in the opinion Of the appraisers
Y wilnol bear division without manifest injut
: AMI in convenience,t lie plaintiff in execulo
J shall receive in lieu oflhe proceeds ot The sal
0 ofthe homestead, the amount, over and abov
: forty dollars annually, which shall be adjuds
Y ed bv the appraisers heretofore mentione
as fair and reasonable rent for the same
: until the debt, costs, and interest are pait
D the said rent over and above the said fort
d dollars shall be payable in quarterly payment
0 commencing three months from tie time
8 the levy Of The execution, and the said rel
may be paid 10 the plalnIilFin exocuiioAor TO b
: assigns or 10 the clerk of The court ofcommo
u pleas ofthe county in which the said omesict
/ is situated and the said clerk shall give
o the person paying the same q proper recei
u and enter the same upon the execution docl
n ct without charge, and in case the said rel
: shall not be paid quarter yearly as aboV
h provided for or within ten days after euC
y and every payment shall become due, the
d in that case, it shall be the duty Of the ofic
n to proceed and sell said homestead IN Il
70 same manner as is provided in other cas-,
Rr for The sale Of real estate; provided SUE
}. homestead shall not be sold for less than j
appraised value, and the plaintiff in exec
y tion may cause the said homestead TO be r
~ appraised once in two years in the same mai