The freeman. (Fremont [Ohio]) 1849-1850, 1850-05-04
March %, 1850.

AN ACT
| To exempt the homestead of fImilies from forced
sale on execution. to pay debts.
Sec. l. Bet enacted By the General ASSEM-
6Ly Of the State of Ohio, That from and after
the fourth of July next, the family homestead
of each head of a family shall be exempt from
sale on execution on any judgment or decree
rendered on any cause of action accruing after
the taking effect of this act; provided that
such homestead shall not exceed five hundred
dollars in value
Sec. O. That the sheriff or other officer ex-
ecuting any writ of execution, founded on any
Judgment or decree such as is mentioned in
the first section of this act, on application of
the debtor or his wife, his agent or attorney,
if such debtor have family, and if the lands
or tenements about to be levied on, or any
part or pacel thereof, shall be the homestead
thereof shall cause the inquest of the apprais-
ers, upon their oaths, TO set off such debtor,
by metes aud bounds, homestead not ex-
ceeding FIVE hundred dollars in value, and the
assignment of the homestead so made by the
APPRAISERS shall be returned 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 lands and tenements, if 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
party, and upon good cause shown, the court
out of which the writ issued, may order re-
appraisement and re-assignment of the home
stead; provided, also that in case no applica-
ton 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. g. On petition of executors or admin
istrators, to sell the lands of any decedent to-
pay debts, who shall have left widow and a
minor child or children, unmarried and COM
posing part of decedent's family at the time of
his death, the appraisers shall proceed to set
apart homestead in the same manner as pro-
vided in the preceding section; and the same
shall be 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 unmarried minor
child, or children, shall reside thereon, al
though the widow may have previously died !;
and the unmarried minor child or children of
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 parent
from whom the same descended may have left
no wife or husband surviving.
Sec. 4. Every widower, or widow, having
an unmarried minor child, or children, residing
with him. or her, as part of his or her family,
shall have the benefit of this act in the same
manner as married persons And married. per-
sons, living together as husband and wife, shall
be entitled to the exemption in this act pro-
vided, although they shall have no children.
Sec. 5. Any peron owning the superstruc-
ture of dwelling house, occupied by him or
her as family homestead, shall be entitled to
to the benefit of this act, although the title to
the land on which the same may be built shall
be in another; and lessees shall be entitled to-
the benefits of this act, in the same manner as
owners of the freehold or inheritence; provid-
ed, nothing theirin contained shall be con-
strued to pravent sale of the fee simple sub
ject to such lease.
Sec. 6. When the homestead fany debtor
in execution shall consist of house and lot of
land, which, in the opinion of the appraisers,
will not bear division without manifest injury
and inconvenience, the plaintiff in execution
shall receive in lieu of the proceeds of the
sale of the homestead, the amount. over and
above forty dollars annually, which shall be
adjudged by the appraisers heretofore men
toned, as a fair and reasonable rent for the
same, until the debt costs, and interest are
paid, the said rentover and above the said for
ty dollars shall be paid in quarterly payments,
commencing three months from the time of
the levy of the execution, and the said rent
may be paid to the plaintiff in execution or to
his assigns or to the clerk of the court of com
mon pleas of the county in which the said
Homestead is situated, and the said clerk shall
give to the persons paying the same proper
receipt and enter the same upon the execution
docket without charge, and in case the said
rent shall not be paid quarter yearly as above
provided 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 pro-
ceed and sell said homestead in the same man.
ner as is provided in other cases for the sale
of real estate; provided such homestead shall
not be sold for less than its appraised value,
and the plaintiff in execution may cause the
said homestead to be re-appraised once IN two
years in the same manner as is provided ior
in the second section of this act, and the said
rent SDdlI, dlGcT SuCu OC PoiN
in accordance with the said re-appraisement.
but in case the said homestead shall not on
any such re-appraisment be appraised at least
one hundred dollars more than the next pre-
vious appraisement the costs of such reap
praisement shall be paid by plaintiff in execu-
ton.
Sec I. The provisions of this act shall not
extend to any Judgment or decree rendered on
any contract made before the taking effect of
this act, or judgment or decree rendered on
any note or mortgage executed by the debtor
and his wife, nor any claim for work and labor
less than one hundred dollars, nor to impair
the lien by mortgage or otherwise Of the ven
der for the purchase money of the>homestead
in question, nor of any mechanic or other per-
son, under any statute of this state, for mate
rials furnirhed or labor performed in the erec-
ton of the dwelling house thereon,norfrom the
payment of taxes due thereon.
Spc g That IL shall be lawful for any res