Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1869-07-01

OHlo i not, unuer any possible staIe U
parties, to be formally counted for tn
! XVIII Article. The Republicans affirm
the principle which it embodies, endors
ing it heartily in their platform a
! Columbus on Wednesday, but claim NJ
right to any further legislative actor
upon it, unless duly ratified by majori
ty of the other States.-(P Pitts. Gaz.
/. ----,. Home mestead Law. ..-.
AN ACT-To, amend IAN act to ex
empt the homestead of families from
forced sale en- execution to pay debts, >
{ passed March 23d, 1850. -s1lg ~o.-' :,
Section l. Be it enacted blythe Genera
assembly of the State of Ohio, That sec
tions one, two, six and eight, OF the
above recited act, be so amended as tC
read as follows: 100 i'r .- .l-ls1
Section l.. That the family homestead
of each head of family shall be exempt
from sale on execution of any judgment
or decree rendered on any cause o
action accruing after the taking effect
this act; provided, that sach0 home.
stead shall not exceed one thousand dol
lars in value, -,gts-.,...t..l -...i-
Section 2. That the sheriff or other of.
ficer executing any writ Of execution
iouAoCd Ou auy yuuSAcut OF uccfct,
such as is mentioned in the first section
Of this act, on application of the debtor,
his wife, agent or attorney, at any time
before sale, If such debtor have a family,
and If the lands or tenements shout to
be levied upon or any part or parcel
thereof shall be the homestead thereof,
shall cause the inquest of appraisers,
upon their oaths, to set of to such
debtor by metes and bounds home-
stead not exceeding one thousand dol
lars in value; andsthe assignment of the
Homestead, so made by the appraisers,
shall be returned by the sheriff or other
offieeraleBg with his writ, and shall be
copied by the clerk into the execution
docket; and If no complaint be made by
either party. no other proceedings shall
be bad against the homestead; but the
remainder of the debtors lands and ten
ements, IL any more he shall have, shall
be liable to sale on execution in the same
manner "a 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 a, Fe-appraisment and re-assign-
ment of the homestead, provided, also, in
case, NO application be made as afore-
said, during the lifetime of the debtor,
snch application may be made by the
widow of the Judgment debtor at any
time before sale. ei..q rs. lsl5.rfcE
Section g.. When the homestead of any
debtor in execution shall consist of q
house and a lot of land, q which, in the
opinion of the appraisers, will not bear
division without manifest injury and
Inconvenience, the plaintiff in execution
shall receive in lieu of the proceeds of a
sale of the Homestead, the amount over
and above one hundred dollars annually,
which shall be adjudged by the apprais-
ers heretofore mentioned as fair and
rent for the same until the
debts, costs and interests are paid. The
said rent, over and above one hundred
dollars, shall be payable in quarterly
commencing three months
from the time of the levy of the execu-
ton, and the said rent may be paid to
the plaintiff in execution or to his as
signs, or to the clerk of the court of COM |
men pleas of the county in, which the
said homestead is situated, and the said
clerk shall give to the persons paying
the same proper receipt and enter the |
same upon the execution docket without
charge; in case said rent lis not paid /
quarterly, as above provided for, or
within ten days after each and every
payment shallibecome due, ,lthen, and in
hat case, it shall be the duty of the off,
,er to proceed and sell said homestead in
he same manner as is provided in other
,ases for the sale of real estate; provided, d
uch homestead shall not be sold for less
han its appraised value; and the plain
lit in execution may cause the said
homestead to be re-appraised once in
wo years in the same manner as pro-
Vided for in the second section of this
!ct; and the said rent shall, after such
be paid in accordancet
With the said re-appraisement; but in
ase the said homestead shall not, in
my such re-appraisement, be appraised
t least one hundred dollars more than
he next previous appraisement, the
osts of such re-appraisement shall be
aid by the plaintiff in execution. 80 4
Sec. 2. That original sections one, ,
We, six and eight of said act, be and i
hey are hereby repealed; provided, i
owever, that the sections so repealed i
hall continue in force as to all debts con- 4
racted and liabilities incurred prior to :
he passage Ofthis act. .....s In
Sec. 8. That it shall be lawful for any r
esident of Ohio, being the head of t
imily and not the owner of a home S
lead, to hold exempt from levy and o
ale as aforesaid, personal property to be '
elected by such person, his agent or at t
,rI ey, at any time before sale, not ex- n
eeding five hundred dollars in value in il
idition to the amount of chattel prop Id
rty now, by law exempted. The value
said property to be estimated and
ppraised by two disinterested house a
eulders of the county, to be selected by y
he officer holding the execution, who a
lall be sworn by such officer impair &
ally to make such appraisement. a
Sec. 4 When a homestead shall be q
larged with liens, some of which, as o
,ainst them, preclude the allowance of
homestead to either the head OF the Il
mily or the wife; and others of such a
ems do not preclude the allowance of y
leh homestead, and q sale of such 81
is had, then of the proceeds .
such sale; after the payment of the 4
snsso precluding the allowance of such s.
the balance, not exceeding 81
7e hundred dollars. shall be awarded SC
the head of the family, or the wife, as o
70 case may be, upon the application y
either of them in person or by agent u
attorney, in lieu ofsuch homestead.
Sec. 5. This act shall take effect and
in force from and after its passage. :,
Passed April 9, 1859. a.