Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-03-19


be minor children, such sale and CONVEY
auce must be made on their behalf by their
guardian, under authority of an order or
decree, of the, proper court; and if some
but not all of those, Interested, sell and
convey as aforesaid, the Purchaser shall
have no right to molest or disturb those
who have not sold, or to interfere with
their possession and use of the premises.
IL. When judgment creditor or other
person having q lien or claim on any real
estate in which right of homestead ex.
ists, believes the premises held as a home
stead to be of greater value than five hun.
dred dollars, he may apply ito justice of
the township in which such premises or
any part thereof are situated, to have an
aPpraisement of the same; aud the Justice
may thereupou cause the persons holding
the right of homestead to be notified to
appear before him at such reasonable time
as he may appoint, to show cause, if they
have any, why the application should not
be granted. The notice shall be served on
the father, if he be found, or if he be NOT
found, on his wife, or if he be dead, on his
widow, if there be one living in the State;
otherwise on the minor children, or such
of them as reside on the premises, but
when minor is so notified, a guardian
shall be appointed by him by the justice,
r..
The justice, having heard the parties, or
such of them as attend, muy, if he deem
it proper and right to do so, make an or
der directing the appointment of apprais-
ere. On such order being made, the ap
plicant shall have the right to appoint one |
appraiser, the persons holding the right of
homestead another, and the justice third
one; but if either party neglect to make
such appointment or to notify the justice
thereof within twenty -four hours after the
order Is made, or it any of the appraisers
decline or fail to act, the justice shall |
NIL the vacancy. The appraisers shall be |
sworn to disnharge their duties as such,
talrly and impartarsJ. They shall proceed
forthwith to examine the premises, and il
they find the cash value thereof to exceed
i've hnndred dollars, they shall, except in
rae Gaze provided for in the following Sec
ton, set apart to the person or persons en-.
titled to the right OF homestead therein
such part thereof, lying compactly and in
one body, and of the cash value of five
hundred dollars AS near as may be, as the
person or persons entitled to the right of
homestead may select, or AS the appraisers,
it such selection besnot made, ehalI deem
proper; and shall acknowledge for record,
sad lodge in the Office of the recorder of
the county to be recorded, their certificate
OF 4aSd so set apart for homestead, the
costs o< recording which shall be paid by
the person or persons holding the said
right of homestead. Whenever portion
of the premises is set apart as aforesaid,
the residue sh all be subject to the claims
ot creditors and others as other real es.
state.
IL. If the appraisers find the cash value
OF the premiees 10 exceed five hundred dol
lars, and be of opinion that the same can.
not 6e divided without great injury to the
interests of the parties, tAey shall make
and sign certificate OF the valuation aud
deliver the samc to the Justice and the |
persons holding the right of homestead |
may, within three months after the eertif
cate is SO delivered, pay to the partS on |
whose application the nppraisement vas |
ordered the amount justly due him, or the |
excess over five hundred dollars of the |
valuation SO certified; aud ou such paw
ment being made, all the rights which the |
applicant had Immediately before such paw.
ment against the premises shall be trans.
ferred to and vested in the persons so pay
ing, and the rights so transferred and vest
ed shall be exempt from execution or 9TH
er process for twelve months thereafter
and after that time shall be liable to the
claims of creditors
/
Justly due the applicant, be not paid as
aforesaid, then the real estate in which
such right of homestead exists may be sold
In any case in whichit might be sold il no
right of homestead existed therein, and in
the same manner, and out of the proceeds of
the sale five hundred dollars shall be paid to
Ehe persons holding the right of homestead
10 be held by them exempt from execution
u other process for twelve months there.
after.
10. The appraisers acting under the
Esst three sections shall be entitled to
five cents each for their ser.
Woes They shall nuke return of their
to the justice; and if it ap-
not of greater value than Ave hundred
dollara, the Justice shall render Judgment
for costs against the person who applied
for the apprnisement, otherwise judgment
shall be rendered in his favor for costs.
l6. The .cirGRt; court, on motion of any
person aggEieTed thereby, may, for good
cause shown, set aside any appraisement
made under this act, and in such case NAV |
order new aPpraisement to be made and l.
returned as it sEall direct, aud may ap-
PO.nt. appraisers for that purpose, aud
make such order respecting the costs of /
the proceeding in court or before the justice
os ~ WsS ueeu proper and Just.
H. No exemption under this act shall
Affect or impair any prior lien on any re al
or personal estate, OF any claim for the
purchase money thereof, or for work aud
labor performed in Il family as a domestic:
nor shall anything in this act contained |
exempt any property from taxation or
from sale for taxes.
ls. lfany real estate in which right of
homestead exists, be subject to liens bay-
ing priority to such right of homestead,
only the valae thereof over and above |
such liens shall be included in the an.
praisemenr; and when the property is sold |
TO satisfy such. prior liens, the persons
holding the rignt.Of homestead shall be- |