New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-04-18
,,om,.,esd Exemption.


he n '1'ss7' ' -.f..
sac =, ,,oltl Lg ire Gclcr9l Is
steillN >I,t,of Oii0 Tnat rom a." ".''
"hN,y I,iy next the amy ID
The an o. ~ sh.A ue exempt from sa'e %" eN'
heoo " ., anv alignment or "r' .l..'...r -
ec''I" NJ acton sccrluf aver ''o - ,.oil
any cause o. $50 -,a. such homestead sla'
"a evceed $50 Oh Fa.'. ..ogi.er erecrtiny
-to- = iinn,,'-,.ion. founded on any Judgment or
any VIII % - r,.nti0pcd .4 tHe hr.t sect,oh Oh /
decree "a, 90 of tie debtor o. MS " We ~
tbs acl % -,such dc.tor nave fanny ana
ID o- trueneu-s arllt 20 '9 . .,'
iDe =, marcel thereof al pc zoe h'li.. s.'.'
a.! 70 .baa cause the .r4lr,' 90 'IP 49,
L'.,s 10 So OF such d'o.'. ~ -
- , bomestea- NOT eAce'"'"- ~.
49,, i value and the as-l-i"'g ~ n -
co.iA'' - DIS, the appraisers shan Oe I, '-' 49,.
slcsN - - or ..rer Oi.re-, G.ous WIN DIS "l'''
D! 'n nI,coris1 bv the clerk mo l"e t1'''-''
ano SUE" ~ ,o camp ANT he made %! either PR
cocNes' a. ,..eod,pcs sial b. had against inc
y p" l-. tie remainder OF the debt y a'.A
,s,.r,. ifsnv more he shall have snf" "
49, - ssle on execution 10 the sane H'..'''
:S,.is sct had rot passed provided 'u4' 49,
,foi.tot either party, aud up'A gov 49,
,e C.sirt out o.. which the VII - - ~.
......siscn,.at and reassirnmeDto .'c n''I
f,g',idd. q So that in case no n pica,y. o.
.f,-|sa,i during the lifetime Of me aeDv'''
ma a. Teton rqav be made by the WHO" O' 'Nc
81 nj, debtor any tine before sac .-.-.
J',- " n. oetitiou Of executors or a1ninls.'s .
49,, % cell the lands O! any d-cedent 70 pay Heo|
10 sbsg have l-t widow aud minor clil,d VI
st.f},sn unmarried ard composing part OF ueC1
- Cao,ily Al the time Of his death, the appras
oe"' I'D u set apart homestead IA tue
emo manner as 4 provided IN the ifcccl'hR So
-. al the same shall remain exempt from SAFE
- zion Glr debts contracted alter the taxing
s,I.cf of This act aud exempt from sale under any
o,der of snch court So i0ng az any unmarried minor
chiJ orchlldren sh all reside thereon, although the
widow NAV have previously died and the uAinar
,ied minor chill or children, OF any decedeht &c
tuallvresidirg on the family homestead shal De
e,,i,les IN hold the same exempt from SAFE on exc
',,;on IN, debts as hereinh. ore provided for al
,bcngh tire parent from who = ne same descended
NAV have left no wife or husband surviving.
Syc Every widowcr or widow, having an
,,r,n,,r;ed minor child, or children. residing win
f;u ar her. as part %. his or her family, shall nave
,he benefit of this act, IN the same manner as mar
ried persons. And married PERSONS, living 10
ether ss husband and VIE s1al he entitled u tAe
exemption IN this act provided a'nouSn 'hey nave
no children.
Src 3 Any person owning the superstructure Of
adyeli,e house occupied by him Or her rs a iami-
10 homestead shall be entitled 10 the benefit OF this
net although the tte T. the land on which The
same may be ,uiit shall be IN another and lessees
shall be entitled 10 the benefits OF this act IN the
same manner as owners q! he freehold or lnher-
lance provided, nothing herein contained shall be
construed to prevent a sale OF the fee simple sub
iect 10 such lease.
SIC o When the homestead OF any debtor in
execution shall consist Of q house and lot Of land
which, in the opinion Of the appraisers, VIII not
besr division without manifest injury and inconve-
nience 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 adudged BY the appraisers hereto
fore mentioned, as a fair aud reasonable rent for
the same, until the debt, costs, and interest are
paid the said rent over an above the said forty
dollars shall be payable ia quarterly payments,
commencing three months from the time OF the levy
OF the execution and the sald rent may be paid 10
the plaintiff in execution or TO his assigns 10 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
Aproper receipt, aud enter the same upon tn exc
cution docket without charge, aud Ia case the said
rent shall not be paid quarter yearly as above pro-
vided for or within ten days alter each and every
payment shall become due, then, IN that case, It
shall be the duty OF the officer 10 proceed and sell
said homestead IN the same manner as Is provided
10 other cases for the sale Of real estate provided
such homestead shall not be sold for less than ITS
appraised value and the plaintiff III execution
may cause the said homestead to be reappaised
once in two years in the same manner as provided
for in the second section oi this act and the said
rent shall, alter such reappraisement, be paid IN
accordance with the said rcappraisement, but IN
case the said homestead shall not on any such re
apprasement be appraised at least one hundred
dollars more than the next previous apprasemc,i
the costs Of such rcappraiscment shall be paid by
the plaintiff in execution.
Sc. Z The provisions of this act shallnot eXtenC
20 any Judgment or decree rendered on any con
tract made before the taking effect of this act, o.
Judgment or decree rendered on any note or mort
gage executed by the debtor and bis wife, nor any
claim for work aud labor less than one hundred dol
lars, nor To impair the lien by mortgage or other
wise of the vender for the purchase money Of tn,
homestead IN question, nor OF any mechanic oi
other person, under any statute Of this State io
materials furnished or labor performed in the cree
ton OF the dwelling house thereon nor from the
payment OF taxes due thereon.
SIC s. That il shall be lawful for any resident o.
Ohio being the head of the family, and no, the
owner Of a homestead, 10 hold EXEMPT rom execu
ton, or sale as aforesaid, mechanical tools or
team and farming utensils, not exceeding three
hundred dollars in value IN addition to the amour,
Of chattcl property low exempted.
SIC. 9 No sale of any real estate made under
not have been executed by the wife of such debt.
or II he have one, shall in any manner affect the
night OF said debtor wife or family TO have home
stead set of under the provisions OF this act
SIC. 10. Nothing in this act contained shall be SO
construed as in any way TO impair the right of dow.
err as 1t now exists, or the mode provided by law
tor enforcing the right.
~ This Act, it will be perceived, eschews the
fatal error of our NewYork Exemption. 1t re
qulres no special registry or notice of exemption as
Homestead to render its provisions operative
The limit Is rather narrow. but $500 will pay near
" or quite coed home in Ohio as 81 900 will in
kew-iotk. Nv The Second Section of our New
York Exemption must be expuneed
CHtRiTABLE BEQUEsTs.--The Boston TrG-elle
says, that the late Benjamin Ii, Punchard Esq G
AndOver, after heQueathlng more than SlOO OOO I,