The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-02
HOMESTEAD LAW.

since was not a correct one
An Act to Prescribe in schat Manner and
unon snhdt Conditions q Householder or
Head of Family shall Set Apart and Hold
q Homestead and Personal Property .T0''
the Benefit of Himself and Family Er-
enpt from Sale for Dett.
l. Be st enacted by the General Assembly
of Virginia, That every householder or
head Of family shall, az provided ior 10y
the Constitution, be entitled, in addition 10
the articles exempt from levy or dstresS ior
rent by statute on the day the present Gov
stitution of Virginia went into efiect, 10
hold exempt from levy, seizure, 'garnishee-
ing, or sale, under any execution. order, or
other process. issued on any demand lor
any debt heretofore or hereafter CONTRACTED,
his real and personal property, or elmer
including money and debts due him, Whc-
Their heretofore or hereafter acqulrcu, va
contracted, to the value OF not eHceeuins
two Thousand dollars, to be seiec.eu ~ h.ln .
Provided, That such exemption suai . no.
extend TO any execution, order, OF oshei
nrocess. issued on any demand III the follow
mo cases First, for the purchase price OF
said property or any part thereof; second,
for services rendered by 4 Iaboring person
ora mechanic third, tor liabilities incurred
by any public officer, or officer of court,
or any fiduciary, or any attorney al law, ioi
money collected fourth, for lawful claim
for any taxes, leyies, or assessments, accfu,
ing after the first day of June, one thousant
eight hundred and siXty-siX; fifth, 1of RENT
hereafter accruing; sixth, for the legal or
taxable fees Of any public officer or ohlcers
of a court hereafter accruing.
9. The foregoing section shs III not pc con-
strued az subjecting the property hereby
exempted, or any portion thereof, TO any
lien by reason Of any execution LEVIED OIL
property which has been subsequently re-
stored to the defendant, or Judgment rem
dered or docketed on, after the se'ehtesn.h
day Of April, one thousand eight hundred
and sixty-one, and before the second day OF
March, one Thousand eight hundred and
sixty.seven, for any debts contracted pre-
yious to the fourth day Of April, one thou
sand eight hundred and siXty-tive, except
debts of the character mentioned Ill either
of the above first three exceptions.
3. Nothing contained in this act shall be
construed to interfere with the sale of the
property aforesaid, or any portion thereof,
bv virtue of any mortgage, deed OF trust,
~pledge, or other security, thereon. In all
eases where debtor or contractor snail de-
clare in the body of the bond, note, OF
other evidence of the debt or contract, that
he valves as to such debt or contract the
exemption from liability Of the property
which he may be entitled to hold exempt
property, whether previously set apart or
not, shall then be liable To be subjected for
such debt or contract under legal process
in like manner, and to the same extent,
~ other estate of the said debtor or con-
tractor Provided, That when such debtor
or contractor is possessed of other estate
than that which he may be entitled to hold
exempt from liability in the county in
which suit is brought against him, or the
fJort sosn lF
this act may be, then snch other estate shah
he subjected and exhausted before that
which the said debtor or contractor may be
entitled to hold exempt Is sold And pro-
pided further, That no waiver under this
section shall apply to any property exempt
fEaaa tssv-osr distress for rent under any
statute in force at-tthhe time OF the adoption
of the existing Constitution, and not abro-
gated by it. ,,.u
The following or equivalent words SHAH
he sufficient to operate as the waiver pro-
y;ded for in the previous section ~" Tor
wel hereby waive the benefit of my Tor our
homestead exemption rs to this debt, OBJ
Iiaation. or contract, ~ the case may be.
4. no be entitled to the full benefit OF n
homestead, exempt from levy, seizure, gar,
nishecine or sale, said householder or head
of family shall declare, by deed duly record
ed in the deadlock of the county In when
said homestead or the greater part tnefeot
is situated, his intention to claim such home
stead. with description OF the property 80
claimed as such homestead; or II IL Is III
tended to claim such homestead in proper
ty of greater value than is specified IN the
first section of this act, or IN property heia In
Joint tenancy, cOparcenary, or Uncommon,
a reasonable certain description OF the pro-
perty out of which such homestead IL lh-
tended to be claimed PROVIDED, mat IN
case such intent shall be expressed III tnH
deed or will conveying such property IL snail
not he necessary for the householder or he;td
nf a, family to execute deed declaring such
intent. :, ,,;+,,Io
as we'll as legal estates.
X. Property subject to mortgages, deeds
Of trust, or other liens, shall be subject to
the claim Of homestead, upon the payment
~ discharge of such liens, but said pro-
na,tv. 40 far as the liens mentioned in the
SECOND section are concerned. shall be sub
iect to the claim Of homestead without the
nuvment or discharge of such laSt-naned
liens. If partition is necessary in any case
in order to ascertain the homestead, the
same may be had as now prescribed by law.
and the commissioners appointed to make
nartition shall. after the partition is made,
report also to the court appointing them,
by metes and bounds, the homestead chosen
nv the party entitled thereto; which re-
port, when confirmed by said court; shall
be recorded. .... ..
@. Whenever it is proposed to sell, eX-
tend, or rent, by decree or other legal pro-
cess, the real estate Of any householder or
head of family, and the homestead shall
not have been laid off rs prescribed by law,
such householder or head Of family may
thereupon make selection Of q homestead
by deed Us prescribed in section four vi THIS
act but should such homestead, OF! any
homestead selected under this act, be
charged to he excessive, the court by whose
order the same Is directed to be sold, en-
tended. or rented, shall appoint three dis
interested commissioners, being freehold
ers. not connected with any OF the parties,
who, after being duly sworn, shall examine
the premises and set apart therein home
stead for the debtor and his family, and re-
turn q written description Of the same to
the court, in order that the same may he
recorded rs = the homestead.
When the real estate proposed to he sold,
extended, or rented, is of greater value
than the said householder or head of ia
mIly may be entitled to as homestead, and
Is so situated that q homestead cannot be
set apart therein, the said commissioners
i hall report the facts to the court under
whose order they are acting whereupon
tho court shall order . sale OF the whole
tract, and out Of the proceeds OF the sale
shall order to be invested such amount rs
the said householder or head of family
NAV be entitled to as q homestead, in the
purchase, under his direction, of q home
atasd for him and his family, and the sur
Mus to be applied to the payment Of the
debt for the satisfaction OF which the land