Wyandot County Republican. [volume] (Upper Sandusky, Ohio) 1869-1903, 1869-05-06
Homestead Act.

act is as follows:
An act to amend can act to ex-
empt the homestead Of families from
forced sale on execution to pay
debts" passed March %, 1850. Is.
& G. vol, 2, page 1,155.
SECTION 1. Be it enacted by the
General assembly Of the State Of
Ohio, That sections one, two, six,
and eight, of the above recited act
be SO amended as to read as follows:
Sec. l. That the family home
stead Of each head of family shall
be exempt from sale and execution
on any judgment or decree render
ed on any cause of action accruing
after the taking effect of this act;
provided, that such homestead shall
not exceed one thousand dollars in
value.
Sec. 2. That the Sheriff or other
officer executing any witt of execu
ton founded on any Judgment or
decree, such as is mentioned in the
first section of this act, on applica-
ton of the debtor, his wife, agent
or attorney, at any time before sale,
if such debtor have a family, and ii
the lands or tenements about to be
levied upon, or any part or parcel
thereof, shall be the homestead
thereof, shall cause the inquest ap-
praisers, upon their oaths, to set Oft
such debor by metes and bounds q
homestead not exceeding one thou
sand dollars in value; and the as
signment of the homestead SO made
by the appraisers shall be returned
by the Sheriff or other officer along
with his writ, and shall be copied by
the Clerk into the execution docket
and if no complaint be made by
either party, no further proceedings
shall be had against the homestead F.;
but the remainder OF the debtor S
lands and tenements, if any more he
shall have shall be liable to sale Oh
execution in the same manner as il
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 appraisement and
reassignment of the homestead
provided, also, that in case no ap
plication be made as aforesaid dur
ing the lifetime Of the dehor, such
application may be made by the
widow of the Judgment doctor at
any time before sale.
;, SEC. 6. When the homestead oi
any debtor in execution shall con
sist of house and lot OF land, which
; in the opinion of the appraisers
! will not hear division without man.
ifest injury and inco ..venience, the
plaintiff in execution shall receive il
lieu of the proceeds Of q sale Of the
homestead the amount over and
above one hundred dollars annually
which shall be adjudgcd by the ap
praisers heretofore mentioned as q
tair and reasonable rent for the same
until the debts, costs and interes
are paid. The said rent, over anf
above one hundred dollars, shall bt
payable in quarterly payments. com
nencing three months from the
time of the levy of the execution
and the said rent may be paid to
the plaintiff in exection or to his
. assigns, or to the Clerk of the Court
of Common Pleas of the county il
which the said homestead is situated
, and the said Clerk shall give to the
persons paying the same a proper
receipt, and enter the same upon thu
execution docket without charge
and in casssssaid rent is not pait
t quarterly. as above provided for, o.
within ten days after each and every
, payment shall become due, then
and in that case, it shall be the duty
Of the officer to proceed and sci
said homestead in the same name
as is provided in other cases for tn,
| sale of real estate; provided, sucl
= homestead shall not be sold for les
than its appraised value; and th'
plaintiff In execution may cause th
said homestead to be re-appraiset
once in two years in the same man
-. ner as provided for in the secou(
y section ofthis act and the said ren
shall, after such re-appraisement, b.
paid in accordance with the salt
i re -appraisement; but in case tn
said homestead shall not, in au,
] such re-appraisement, be appraised
at least one hundred dollars NOR
than the next previous appraisement
the costs of such -appraisemen
shall be paid by the plaintiff in ex
ecution.
Sec. 2. That original section
one, two, six and eight of said &C
p be and they are hereby repealed
provided, however, that the sec
. tions SO repealed shall continue i
. force to ali debts contracted all,
liabilities incurred prior to th
passage Of this act.
3: SEC. 3 That it shall be Lawful
l for any resident OF Ohio, being til
head Of a family and not the owne
!. OF a homestead, to hold exemp
i; from levy and sale as aforesaid
+ personal property, to be selected b.
such person, his agent or attorney
: at any time before sale, not exceed
h ing five hundred dollars in value il
: addition to the amount Of chatle
: property to be estimated and ap
praised by two disinterested house
: holders of the county, to be select
ed by the officer holding the exc
cution, who shall be sworn by sucI
officer impartially to make sucl
; appraisement.
r SEC. 4. When homestead shal