The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1870-07-07

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are acting whereupon the court shall orde
sale OF the whole tract and out of tn
proceeds of the sale shall order to be investe
such amount as the said householder or hca
of family may be entitled to as homestead
In the purchase, under his direction, Of
homestead for him and his family, and tn
surplus to be applied to the payment Of tn
debt for the satisfaction of which the lane
was sold. For good cause shown, the cour
may, upon the return of the assignment O.
appraisement aforesaid, appoint new commits
sloners and order reassignment Or reap
praisement of the property claimed as home
stead, and the said commissioners shall re
turn their proceedings to the said court for
Its confirmation or rejection But in every
case where such commissioners shall make an
assignment Of homestead under this section
| they shall make it out of such part of the
property from which it is to be taken as NAV
| be selected by the party entitled thereto
And the homestead so purchased or assigned
as aforesaid shall be duly accorded as afore.
said. 8
z. A homestead so set apart or purchased
shall not be mortgaged, encountered or alien
ed by the owner, If married man. except
by the joint deed of himself and wife, execu-
ted and acknowledged after the manner of con-
veyances OF lands of a married woman; but
the husband may, without the consent of his
wife, mortgage such homestead for the pur-
chase moEey Thereof, OF for building erected
thereon. A homestead may be sold by the
joint act Of the husband and wife, or by the
act of the householder if unmarried, and the
proceeds invested in another homestead but
IN no case shall the purchaser be required to
see the application Of the purchase money
But the acquisition of a new estate of home
stead, and unless, upon the face of the deed
under which it is held, it is expressed to be
such homestead it shall be so declared by
deed Only recorded in like manner as in the
case of an original selection of homestead.
8. The homestead provided in this act shall
continue after his death for the benefit of the
widow and children Of the deceased, until her
death or marriage, and after her death or mar
rage, tor the exclusive benefit of his minor
children, until the youngest child becomes
twenty-one years of age; after which period
it shall pass according to the laws of descen-
dants as other real estate, or as may be devils
ed by said householder; not being subject to
dover, yet subject to all the debts of the said
householder or head Of family
8. If the wife obtain a divorce from the
husband, on account Of his fault or miscon-
duct, tie title to the homestead shall be de
creed to the wife and minor children, as if be
were dead
10. Il any such householder or head Of a
family shall have departed this life since the
adoption Of the present constitution, leaving
widow and infant children, and such home
stead shall not have been selected or assigned
In the lifetime of said householder, she, if re-
naming unmarried, or they, if she marry or
die before such selection, shall be entitled to
claim the same; and the court shall appoint
commissioners to assign the same in the same
manner that commissioners are appointed to
assign dover, and the homestead so assigned
shall be he'd by the widow and children to
the extent and on the same conditions pre-
scribed In section eight Of this act. And it
shall be lawful. when the homestead becomes
vested III widow and minor children, or any
OF them, tor the circuit court of the county
or city In which such homestead lies, upon
petition fled for that purpose by the widow
or infants by their next friend, to order sale
of the homestead, and the investment of the
proceeds thereof in another homestead, or
otherwise, when it appears to the court that it
is for the benefit of the parties interested that
the same shall be done. All homesteads un-.
der this section shall be duly recorded as
aforesaid.
II. If, in any case, the Homestead selected
under the proceeding is not. Of the value of
two thousand dollars, such householder, or
head Of a family, in addition to the articles
exempt from levy or distress for rent by the
statute on the day the present constitution
went into effect, may select, set apart aud hold
exempt from levy, seizure garnisheeing or
sale, SO much of his personal property, inclu-
ding money and debts due him, as added to
the value Of such homestead, will make the
sum Of two thousand dollars, and if such
householder, or head Of family, has not Sc
lected and does not claim homestead under
this act, he may, in addition to the articles ex-
empt from levy or distress for rent on
the day the present constitution went into
effect, select, set apart and hold exempt from
levy, seizure, garnisheeing or sale, SO much, of
his personal property, including money and
debts due him as will not exceed in value two
thousand dollars; and he shall, in either case,
in writing, designate the personal property so
selected by him, and each article thereof, af-
fixing thereto his cash valuation of each arti-
Gle, and shall return such writing to the clerk
Of the county court wherein he resides to be
recorded.
II. The personal property selected under
the next preceding section shall be held in
the same manner, under the same limitations,
and subject to the same conditions as to en-
cumbrance and sale, and in all other respects
as provided for by this act in the case of
the homestead to be set apart under it, and in
case no such selection shall have been made,
and the householder be dead, leaving widow
or infant children, she may, if unmarried,
make such selection, or if she be dead or
married, the infant children may, by their
guardian or thoir next friend, make the same,
and the same shall be recorded and held and
distributed as provided for in the case of a
homestead so set apart.
13 When there shall be sale and rein
vestment of the personal property, selected
under the eleventh and twelfth sections of
this act a designation thereof shall in like
manner as provided by said eleventh section,
be returned to the clerk of the county court
of the county in which the householder or
head of family resides, to be recorded
IA If the plaintiff, in an execution, dis
tress warrant or attachment. shall be dissat.