The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1850-01-09
Homestead Exemption.

Homestead Exemption.
The following is the amended bill intro
duced by Mr.. Brown, of Randolph county,
to exempt from executions and sale home
stead to each resident householder Of the
State:
SECTION Be 1t enacted By the General
Assembly Of the State Of Indiana, That
homestead, consisting Of any quantity OF land
not exceeding forty acres, and the dwelling
house thereon and its appurtenances, to be
selected by the owner thereof, and not lnclud-
ed 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-fourth of an acre, being within the
recorded plat of any city, town, orvillage: and
the dwelIIng-house thereon and its appurte-
nances. owned and occupied by any resident
householder of this State, shall not be sub
iect to forced sale on execution or any other
final process from any court for any debt or
liability contracted after the 4th day OF July,
I185O: Prorided, That the value Of such ex-
empted homestead, or town lot and dwelling
thereon, shall in no case exceed the sum oil
five hundred dollars.
SEC. 2. Such exemption shall not affect
any laborer's. mechanics. or other lien law
fully obtained, nor extend TO any mortgage;
| but such mortgage or 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 a levy shall be made
upon the lands or Tenement of any resident
householder whose homestead has not been
selected and set apart by metes and bounds,
such householder may notify the officer at the
time of making such levy, Of what he regards
as his homestead, with description thereof,
within the limits above prescribed, and the
remainder alone shall be subject to sale under
such levy.
SEC. 4. If the plaintiff in execution shall
be dissatisfied with the quantity OF land Sc
IIected and set apart as aforesaid the officer
making such levy shall cause the same to be
Isurveyed. beginning at point to be dist gna-
ted bv the owner and set off in a compact
form. including the dwelling houses and its
apDurtenances the amount specified in the
first section of this act, and the expense of
said survey shall be chargeable on the execu-
tion and collected thereon, if it shall appear
after such survey that the owner of said land
did not correctly state his metes 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 manner as provided
in other cases for the sale Of real estate on
execution, and-in giving deed Of the same
he may describe it according to the original
levy, excepting therefrom by metes and
bounds according to the certificate of surve y
the quantity set off as aforesaid.
Sec. 6. Any person owning and occupying
any dwelling house on land not his own, which
land he shall be rightfully in possession of by
lease or otherwise, and claim such house as
his homestead, shall be entitled to the exemp-
ton of such house.
SEC. 7. Nothing in this act shall be so con-
strued as to exempt any land from taxation or
sale for taxes.
SEC s. After the takiag effect of, this act
all property, both rear and personal, 1evIeu
upon by virtue of any execution, order, or de-
cree of any court OF the State, shall be sold
for the highest price the same will bring, not
less than one one-half the appraised value
thereof said property to be appraised in the
same manner now provided for appraising
property prior TO sale on execution; and all
laws contravening the provisions of this act,
are hereby repealed.