Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ...the same to the general assembly in the form of a bill. Their power to change was very limited. It was confined to 'making alterations to reconcile contradictions, supply omissions, and amend imperfections in the original acts, so as to reduce the general statutes into as concise and comprehensive form as is consistent with the clear expression of the will of the general assembly.' " And now the court say: "Their power to change did not extend to matters of substance, like the right to a homestead. The commissioners were vested with no legislative power. They could recommend, and that was all; and the bill which they prepared obtained its vitality solely from its adoption by the general assembly. Changes were undoubtedly made in the bill by the general assembly, but they were not numerous. That the rule which I have stated as applicable to revisions should be applied to the Revised Statutes can admit of no doubt; and, applying the rule, it is clear a widow is entitled to a homestead, although she may not be so fortunate as to live with, or even have, "an unmarried daughter or unmarried minor son." Now coining back to this act of 1850, it seems to us that the original section was left out really as a matter of surplussage. It merely made the general statement that a head of a family should have a homestead. By section 2 of this act it was provided that any debtor might make a demand for a homestead, "and if such debtor have a family, and if the lands or tenements about to be levied on, or any part or parcel thereof, shall be the homestead thereof," the officer shall cause the homestead to be set ofi. That is to say that section of itself gave power to the sheriff, without any previous provision of the statute, to award or set of...