Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1850-05-27

homsstead; provided, also, that IN case nc
application be made as aforesaid during
the lifetime of the debtor, such application
may be made by the widow Of the judgment
debtor at any time before sale.
SEC. 8. On petition of executors or ad.
ministralors, to sell the lands of any dece-
dent 10 pay debts, who shall have left q
widow and minor child or children, un-
married and composing part of decedent's
family at the time of his death, the apprai-
ssrs shall proceed 10 set apart homestead
in the same manner as is provided in the
preceding section; and the same shall re.
main exempt from sale on execution for
debts contracted after the taking effect of
this act, and exempt from sale under any
order of such court SO long as any unmar-
ried minor child, or children, shall reside
thereon, although the widow may have
previously died; and the unmarried minor
child, or children, Of any dscedent actual
ly 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 parent from
whom the same descended may have left
no wife or husband surviving.
s. SEC. 4. Every widower, or widow, hav.
ing an unmarried minor child, or children,
residing with him, or her, as part of his or
her family, shall have the benefit of this
: oct, In the same manner as married per-
sons. And married persons, living togeth-
or rs husband and wife, shall be entitled to
the exemption in this act provided, although
they shall have no children.
SIC. s. Any person owning the SUPER
structure of dwelling house, occupied by
him or her as family homestead, shall be
entitled to the bensfi: Of this act, although
s the title to the land on which the same may
be built shall be in another; and lessees
shall bs entitled to the benefits of this act,
In the same manner as owners Of the free.
hold or inheritance !; provided. nothing
herein contained shall be construed TO pre-
vent sale Of the fee simple subject TO-
such lease.
SEC. 6. When the homestead Of any
debtor in execution shall consist of house
and lot of land, which, in the opinion Of
the appraisers, will not bear division with
out manifest injury and Inconvenience, the
.plaintiff in execution shall receive in lieu
Of the proceeds of the sale of the home
stead, the amount, over and above forty
dollars annually, which shall be adjudged
by the appraisers heretofore mentioned, as
a fair and reasonable rent for the same, un-
I'll the debt, costs and interest are paid, the
said rent over and above the said forty dol
lars shall be payable in quarterly payments,
c6mmencing three months from the time
of the levy of the execution. and the said
rent may be paid to the plaintiff in execu-
lion or to his assigns or TO the clerk of the
court Of common pleas of the county in
which the said homestead is situated. and
the said clerk shall give to the persons pay
ing the same proper receipt and enter
the same upon the execution docket with
out charge. and in case the said rent shall
not BE paid quarter yearly, as above provi-
ded for or within Ten days after each and
every payment shall become due, then. in
that case. it shall be the duty of the officer
to proceed and sell said homestead in the
1t. 80 af ,s.i 600. aron;dad sroh
ho,,s.,..a .s 81 .b.n no, +. old r., ,s.. ,h.n it,
1ss:SsI s 80 ~ 81 - I s,o;a,;a. - as.., -
app'sseu salue, apu .as pu,a,,m ~ eesSo-
uon n.ay 'ause ',:e sa.o nus - ~ ~ - -
spp'sseu o s.;dsd s -. !, ,ha - aaeond @ es.s sao
ton of this act, and the said rent shall, af-
Ter such re-appraisement, be paid in accord
-. ~. ..;d hanoas,aad sh.ll No, IN anv
s.,..h r. r .nnra isement he annr,ised at least
ona HUNDRED dollars more than The next
80 s.s,;ons mr.. ;sanoan, tho co.,. of sncb ra.
rnn,.,se..sp, .bsll ba naid hv tho nlaintiff
- ;ps.a..,;on ' -
So The nrovix;on, Of this act shall
at s,,.nd - any ;udon,en, mr. decree ran.
dsr.d a.. ~ .nv con,rac, roads heeore The "a.
hin. ee.c, of this act ~ ;udomen, or de.
c,.e - rsndsred on any note or mortgage ex.
..,,,ed r., ,he Debtor and his ~ iGe. nor anv
claim fnr work and labor less than one
hundred dollars. nor TO impair the lien by
mortgage OF otherwise of the vender for
H. enechsse money of the homestead in
......;.n of 7.nv ,,o.hon;o :. o,ber
qussllon' ,,o' =, guy essas sr ..:. g. r..