Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-07-01
The Revised statutes of 1859.


LAW; DISTRESS FOR RENT; TENANTS
HOLDING OVER; FORCIBLE ENTRY AND
DETAINER; INSOLvENT DEBToR LAW;
PUBLIC WORKS.
The Constitutional provision the subject of Eremp
ton is as our readers may remember, as follows:
"The privilege OF the debtor to enjoy the necessary
comforts of life, shall be recognzedb by wholesome laws
exempting reasonable of property from Seizure
sale, for the payment Of any debt or liability hereaf
ter contracted"
Ii was imperative the General Assembly, there.
fore, pass law the subject the only open
manner of exempIing
A BILL introduced into the House, from the Commit.
raised that subject, and exempting real per-
sona property to the amour: Of FIRE hundred dollars,
defeated by few bill subsequently,
duced by Mr.. OWEN, exemptng three hundred dollars,
passed, and is now the law Its details are briefly
these:
That IN amount of property, real personal OF bOh
exceeding three hundred dollars owned by any resi-
dent householder, shall be exempt from execution for
debt arising of any made after the Fourth
of July next.
That no mortgage sale of real estate thus exempt
ed, if executed by married man. shall be good, with
i
That the property be appraised under oath, after
lection by the debtor If he select real estate exceed
ing in valae three hundred dollars it SHALL if possible
be divided leave exempted the dwelling house
homestead of the debtor. If be part personal and
part real the personal is first appraised and aside
and if the real added the PERSONAL exceed $780, and
be susceptible of division, may, after sixty days.
be Sold so much of the proceeds as with the the per-
1 Of hall hmm
dollars to be paid to the debtOr and the rest to 60
to the creditor, towards satisfaction Of his debt.
DISTRESS RENT is abolished the provision of the
new law being, as follows:
"Rents from land shall be collected as other debts"
II there other justify the abolition of
this old leudal privilege, it might SUFFICE that three
hundred dollar exemption law renders it, far
CARDS the poorer class of renters almost imperative
while in regard to renters in better circumstances it
has never been necessary.
The law regarding the unlawful detention Of lands
has been much simpIifed and abridged 1t now embra.
ces subjects formerly spread two acts to-wit,
''Tenants holding overD and "Forcibe entry and de.
tainer" Under the old law, suit against hold
ing over was brought before i,OO justices; an anomalous
proceeding with complicated FORMS Under the law
it simple suit before Justice, varying but little from
case Of lorcible entry and detaner, is similar.
The lava tedious in the old Statutes-reative
to Insovent Debtors-is wholly omitted The consti.
utona provision abolishing Imprisonment for debt
cept of fraud, renders insovent debtor law
unnecessary.
There are also omitted all the old laws,very vou-
mineus they were-regardng the PUBLIC WoRKs OF
the State; and these replaced by single brief law
Of three or four sections only, providing
That all portions of the Public Works heretofore
sold surrendered companies, ceded the
ties, respectively, in which they lie;
That the shall be under the control and manag
Of the Boards doing County business in such
ties;
That if any private Companies to whom works have
heretofore been ceded shall fail to take possession before
the first of January next, they shall be deemed have
abandoned the same and the shall thereafter vest
in the counties in which they lie.
The amount Of Public Works thus surrendered is
however, triaing in amount, being chiefly portions Of
the Jacksonville and Charlottesville road in Putnam
county, and in other locations All the other
works. valued Millions had been already grant
ed on various terms, to private companies Sold
auction to the highest bidder
This, at last about sixteen years after the State first
undertook her Mammoth System" she is entirely dis
severed fromit. Fatal the connection herr May
it never be renewed
By the regarding LIENS mechanics others
is provided that lsbOrer Public Works constructed
nan hall fha - 81