The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1850-05-20
LAWS or OHIO.
PUBLISHED BY AUTHORITY
AN ACT

Aviceu saie on execution, TO pay debts.
Sec. 4, Bet enacted by the General As
s6hbly Of the StatsQf Ohm That frsm 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-
fnent or decree rendered on any cause Of ac-
tiqn agcruing, after the taking effect OF this
acJ provided that such homestead shall not
exceed I'VE hundred dollars in value.
SIC. g. That the sheriff, Or other officer
efecuting any writ Of execution founded on
ang Judgment or decree such as is mention
edIin The first section of this act, on appli-
cation Of the debtor, or his wife, his agent
ofattoTney, if snch, debtor have family,
afah the lands or tenements about to be
Levied on, or any part or parcel thereof, shall
bs the homestead thereof, shall cause the in
qeestof appraisers, upon their oaths, to set
olf such debtor by me ties and bounds, home
sieaa not exceeding five hundred dollars in
value, and the assignment of the homestead
solnade by the appraisers shall be returned
bgfihe sheriff, or other officer, along with
hlsgrit, and shall be copied by the clerk into
theFxeeution docket; and if no complaint
be Made by either party, no further proceed
ingsshall be had against the homestead but
thestemainder of the debtors lands and ten
enRnts, if any more he shall have, shall be
lasle to sale on execution, in the same man.
neFasif the 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 reap
pfuisement and re-assignm6lit of the home
sleh provided, also, that in case no appli-
cation be made as aforesaid, during the life
tine Of the debtor, suchapplication may be
made by the widomfof the Judgment debtor,
at lny time before d sales.
eEc. 3. On petition Of executors or ad-
mhistrators ,toisell the lands of any -dece-
debt to pay debtaaTho shall have left wM.
oyy and minor c|.iId. or children. unmar-
ridl and COMPOSING xpart of the decedent's
fabily at the time ofhis death. the apprais
efs shall proceed to set apart homestead in
thtsane manner as is provided in the pre-
ceuing section: and the same shall remain
exempt from. sale ON execution for debts
contracted after'he taking effect of this act,
anstexempt from saleslider any order of such
court, so long as any unmarried minor child,
!. o6ehildren, shall reside thereon, although the
ssiaow may nave previously died; and the
unmarried minor child, or children, o. any
decedent, actually residing on the family
homestead, shall be entitled TO hold the same
exempt from sale on execution for debts as
hereinbefore provided for, although the pa
rent from whom the same descended may
have lett no wife or husband surviving.
SEC. A. Every widower, or widow, hav-
ing an unmarried minor child, or children,
residing with hlm or her, as part OF his or
her family, shall have the benefit OF this act,
in the same manner as married persons.
And marrled persons, living together as hus-
band and vile, shall be entitled to the ex-
emptlon In this act provided, although they
shall have no children.
SEC. 3. Any person owning the super
structure OF dwelling house, occupied by
hlm or her as family homestead, shall be
entitled to the benefit OF this ac., although
the title to the land on which the same may
be built shall be in another; and lessees
shallbeentitled to the benefits OF thlsact, ,inthe
same manner as owners OF the freehold or
inheritance provided, nothing herein con-
tanned shall be construed 10 preventa sale OF
the lee simple subject to such lease.
SEC. o. when the homestead OF any
oeotor IN execution snail consist oil house
ana lot OF land which, IN the opinion OF the
appraisers, VIII not bear division without
manifest INJURY ana inconvenience, the
Plaln1lh IN execution shall receive In lieu OF
the proceeds OF sale OF the homestead, the
amount, over ana above forty dollars annual
", winch snail De adJudged 6y the appraisers
heretofore mentioned, as lalr and reasona-
Die rent ior the same, until the debt, costs
ana interest are paid, the SAID rent over and
above the SAID forty dollars shall be payable
In quarterly payments, commencing three
months nom the time OF the levy OF the ex-
ecutlon; and the said rent may be paid to
the plaintiff IN execution, or to his assigns,
or 10 Tue clerk oil the court OF common pleas
OF the county IN wnlch the SAID fomesteadis Is
situated, and the said clerk shall give to the
persons paying lne same proper receipt,
and enter the same upon the execution dock
ct, without charge; and in case the said rent
shall not be paid quarter yearly, as above
provided Tor, or within ten days after each
and every payment, shall become due, then,
In tnat case, 1t shall be the duty OF the ottl-
Ger to proceed and sell said homestead in
the same manner as is provided in other
cases for the sale OF real estate; provided
suchhomestead shall not be sold for less than
its appraised value; and the plaintiff in exc
cution may cause the said homestead to be
re-appraised once in two years, IN the same
manner as provided for in the second Sec
tion of this act. and the said rant shall after