Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-01-10
Homestead Excmotiou.

The following is the amended bill introduced by
MIR. Brown, of Randolph county, to exempt from
ecuton and sale homestead to each resident house,
holder of the State.
SECTION l. Be il enacted By the General Assembly
Of the State of Indiana That homestead, consist
ing of any quantity of land not exceeding forty
acres, and the Westinghouse thereon and its appur
tenances, to be selected by the owner thereof and
not included in the recorded plat of any city, town.
or village, or instead thereof, at the option of the
owner, quantity of land not exceeding in amount
one-fourh Of acre, being within the recorded plat
of any city, town, village, and the dwelling
thereon and Its appurtenances, owned and occupied
by any resident householder of this State, shall not
be subject 10 forced sale execution any other
final process from any court for any debt liability
contracted after the fourth day of July 1867 Pro
rided, Tha: the value of such exempted homestead,
or town lot and dwelling thereon, shall in no case
exceed the sum of five hundred dollars.
SEC. 2. Such exemption shall not afect any labor
er's, mechanics, or other lien lawfully obtained nor
extend TO any mortgage; but such mortgage other
alienation of such land thereof if a married man,
shall not be valid without the signature of the wife
to the same.
SEC. 3. Whenever levy shall be made upon the
lands tenements Of any resident householder
whose homestead has not been selected and apart
by metes and bounds, such householder may notify
the officer the time of making such lew of what
thereof, within the limits above prescribed and the
remainder alone shall be subject to sale under such
levy.
Sec A. If the plaintiff in execution shall be dis
satisfied with the quantity Of land selected and set
apart aforesaid, the officer making such levy shall
the same to be surveyed, beginning at point
To be designated by the owner and off in n COM
pact form, including the dwelling and its APP
purtenances the omount specified in the first section
OF this act and the expense of said survey shall be
chargeable the execution and collected thereon, if
it shall appear after such survey that the of
said land did not correctly state his mees and
bounds; otherwise the expenses Of survey shall be
paid by the person directing the same.
SEC. 5. After the survey shall have been made. the
officer making the levy may sell the property levied
upon, and not included in the set off in the same
provided in other for the sale of real
estate on execution, and in giving q deed of the
same he may describe it according to the original
levy, excepting Iherefrom by metes and bounds
cordng to the certificate of survey the quantity
off aforesaid.
SEc. g. Any person owning and occupying any
dwelling house on land not his own. which land he
wise, and claiming such house his homestead,
shall be entitled to the exemption Of such house.
SEC. z. Noshing in this act shall be so construed
as to exempt any land from taxation sale for
taxes.
SEC. 8. Ater the taking effect Of this act all pro-
perry, both real and personal levied upon by virtue
Of any execution. order. or decree Of any court ri
this State. shall be sold for the highest price the
same will bring not less than onehaf the appraised
value thereof, said property to be appraised in the
same maDnsr provided for appraising property
prior to sale on execution; and all laws conirayenino
the provisions of this act, are hereby repealed.