Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-01-17
THE HOMESTEAD BILE.

The following is the bill presented by
Mr.. Ould, in the Senate Of irginia.
granting Homestead exemptions;
BE 1t enacted dy the General assembly,
That every citizen Of this State, male or
female, being householder or head Of a
family. shall be entitled to hoid, exempt
from seizure Oh sale under any execution
on any judgment or decree rendered after
this act shall take effect, the land and
buildings owned anu oecaped us d resi-
dence by sach u debtor, provided the
duantity Of land shall not exceed 100 acres,
nor the value thereof the sum Of 81, 500,
inclusive Oflmprovnents and such exemp-
ton shall continue after the death of such
householder Or head Of family for the
benefit Of tAe widow aud family Of the de-
ceased, some or one OF them continuing to
occupy such homestead until the young
est child shall become twenty one years of
age. and until the death Of the widow :;
Iroriocd, That the laws now in force re-
Specting executions against real estate
shall apply to all cases where any lien has
been acquired before this act Shall take eft
feet.
|. If tie lard on Which any such deb
tor may reside shall exceed one hundred
and sixty acres in quantity, or fifteen hun
dred dollars in value. incl usivc Of Improve
monts, the officer holding an xecution
against such debtor, and no: finding other
property to satisfy the same shall appoint
three discreet and disintercsted frcelplders
Of the county or corporation within which
such land is situated, who or oath to be
administered 10y such officer, shall set off to
such debtor a portion,of said land, elabrac
ing the dwelling house, and NOT exceeding
one hundred and sixty acres IN quantity,
Or fifteen hundred dollars in value; which
allotment shall be turned with the exc
cution, and She part SO allotted shall be cx-
empt from the execution; and the Off
Ger may proceed to ADVERTISE and shall sell
the residue of the real estate of the debt
or.
3. If the premises shall not be capable
OF being so divided as to set of to the debt
or IL part, including. the dwelling house,
and not exceeding 81, 500 in value, inclu-
sive OF improvements, the said freeholaers-
shall set oil convenient portion OF the
land, to include the dwelling house and
buildings appurtenant. and not more land
than may be necessary for the convenient
use thereof, and they shall appraise the
value Of the part so setoEf, and in case
the surplus of such valuation over and
above $1,000 shall within forty days after
be paid by The execution debtor. the partsa
set off shall not be sold on said execution :;
but if such surplus shall not be paid with
III forty days after such valuation the Off
Ger may advertise and sell the part so set
off, and out Of the proceeds of the sale he
shall pay to the execution debtor the sum
of 81 500, which shall be exempt from
execution for one year thereafter, in order
that it niay be invested in the purchase Of,
another homestead and whether such sur
plus be paid or not. the officer may pro-
coed to- sell the residue Of the real estate of
the debtor
f. Upon the complaint ofeither the exc
cutiun creditor or debtor, within thirty
days after any appraisement and assign
ment,- the court iron whose clerks Office
the execution issued, may for good cause
order Il -re-apprisement and re-assign--
iuent Of the homestead.
5. No real estate shall be exempt from
execution when the purchase money there
Of forms, in whole or in part, the debt on
which the judgement ordecree is founded /; i
nor shall any estate be exempt from sale
for nonpayment Of taxes, or for any labor
done thereon, or materials furnished there
for.
6. To entitle any person to exemption of
his. homestead, be shall be a permanent
resident on the land claimed as his home
stead, and whenever he ceases to reside I
upon the same it shall be subject to his
debts.
Z. The exemption provided in this chap
ter shall not extend to unmarried persons,
G: cept when they have charge Of minor
hrothsrs or sisters, or brothers OF sisters /