The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-05-10
LAWS on oniO-Ry AulhOrlly
AN AoT q

AN ACT
To exemptthe Homestead OF families from
forced sales on execution. 4, pay debts.
SEC. /. Be a enacted by tAe General
assembly 1'the Stateef OHIO. That from
aud after The fourth of July next. the
family homestead of each head of fami
ly shall be exempt from sale on execution
on any judgment or decree rendered on
aHy cause of action accruing, after the
taking effect ofthisa acl, provided that such
homestead shall not exceed five hundred
dollars in value
SEC, 2. That the sheriff, or other of-
icer executing any writ of execution
founded IN any judgment or decree
such as is mentioned in the FIST section
Of this act, on application Of the dcbtor,or
his wife, agent or attorney,if such debtor
have family, and if the lands or tene
meats about to he levied on, or any part
or parcel thereof, shall be the homestead
thereof, shall cause the inquest of ap.
praisers, upon their oaths, to sci off such
debtor by metes and bounds, a homestead
not exceeding FIVE hundred dollars in
value, aud :he assignment of the home
stead so made by the appraisers shall be
returned by the sheriff, or other officer, a
long with his writ, and shall be copied by
the clerk into the execution docket aud
Iifno complaint be made by either party
no further proceedings shall be had a.
gainst the homestead; but the remainder
OF the debtors lands and !enements, II
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 appraise'
ment and re assignment ofthe homestead;
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 judg'
ment debtor, at any time before sale.
SEC 3. On petition ofexecutors or ad
, minisirators, to sell the lands of any de
J scendent to pay debts, who shall have
. left widow and minor child, or chill
dren unmarried and composing part ofth'
decedenl's family at the time Of hi
= death. the appraisers shall proceed IL
sci apart homestead in the same man
l. ner as provided in the preceding section
and The same shall remain exempt from
/ sale on execution for debts contracted
> alter the taking effect of this act, and ex
u " empt from sale under any order Of sue
u court, so long as any unmarried mlno
= child, or children, shall reside lheIeor
) although the widow may have previous
J. y died; and the unmarried minor chile
J. or children. of any decedent. actual
D. residing on the family homestead. sha
70 70 be entitled to hold the same exempt frol
o' sale on execution for debts as hereinbt
d, a, fore provided for, although the parel
!" from whom the same descended ma
or have left no wife or husband surviving.
ID SEC 4, Every widower, or widov
having an unmarried minor child, or chi
h dren residing with him or her, as part
:. his or her family, shall have the 5enel
" of this actin the same manner as marie
81 persons. Aud married persons, living t
X gethef as husband aud wife, shall be en
an tied to the exemption in This act prov
q. ed. although they shall have no childre
:, SEC. 5. Any person awning the 5
% perstruclure ofa dwelling house, occ
~ pied by him or her as family homestea
~ shall he entitled to the benefit of this az
10 although the title to The land on viii
nc the same may be built shall be IN anotht
-, $50 and lessees shall be entitled to the beOei
10 of this act, in the same manner as owne
l'' no of the freehold inheritance; provide
II" nothing herein cnntained shall be CO
strued to prevent sale of the fee SIM
m. subject to such lease.
SEC. 6. When the homestead Of a
debtor in execution shall consist OF
''S house and lot of land which. in the opi
OF ion Of the appraisers, will not bear div
ied ion without manifest injury and lncc
an. venience, The plaintiff in execution sh
Ina receive in lieu ofthe proceeds Of sale
;, the homestead, the amount, over and
l"' bove forty dollars annually, which sh
er' be adjudged by the appraisers heretof'
1n- mentioned, as fair and reasonable re
IN. for the same, until the debt. cost and
I'D lerest are paid, the said rent over and
to bove the said forty dollars shall be pa,
lie BILE in quarterly payments, commencl
are three months from the time of
nee levy of the execution; and the said re
Ike may be paid To the planlifi in execute
hat or to his assigns. or to the clerk OF
m court of common pleas of the county
in- which The said homestead is situated, a
his the said clerk shall give to the persC
'ut paying the same proper receipt, and
- ter the same upon the execution dock
w. without charge; and in case the said IT
the shall not be paid quarter yearly, as abe
gh' provided for, or within ten days at
the each and every payment shall beco
DAD due, then. in that case, it shall be The d
ldy of the officer to proceed aud sell s
last homestead in the same manner as is p
vided in other cases for the sale Of r
are estate; provided such homestead ST
unt not be sold for less than its appraised ,
and ue. and the plantiff in execution n
cause the said homestead TO be re-
praised once in two years, in the sa
ing manner as provided forin the second {
he tion Of this act. aud the snid rent 81
to after such re appraisement be paid in
,ion cordance with said re .apprHisemen';
Tho in case the said homestead shall not
ned any such re.uppraisemen he apprai
., al lAnst nna hnndren lnllars mnra ID