Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-06-29
The virginia Homestead Law.

This act provides that every householder or
head of family, in addition 10 the articles eS-
empt from distress OF levy under the former
law, shall be entitled to hold exempt from Sci
cure or sale, under any process issued or any
debt heretofore or hereafter contracted, his real
and personal property or either, Including money
and debts due him 70 tho value not exceeding
two thousand dollars to be selected BY the
debtor. But this property shall not be exempt
from seizure and sale for debts Of the following
description For the purchase price OF SAID
property or any part OF it; for service rendered
By lahoring person or mechanic: for liabilities
incurred by any pubic officer, or officer Of
court, or any fiduiciary or any attorney at law
for money collected for "a lawful claim Tor
any taxes levied or assessments occurring after
the first day or June, 1866 for rent hereafter
acrruing and for the legal or taxable less OF
any puc officer, or officers Of a court hercai-
ier acrruog. The lien hy reason OF any cznc1l-
ton levied on property that has been restored
TO tho dctendont OF Judgment rendered or
dcckeed alter April 11tb, 1861, and before
Mar,h II, 1851, is not to contnue except 10!
debts of the first three classes. Nothing in
tb;s act IS to interfere with the sale OF he pro
.li,s ~, ~. $500. casey vaeTcuu. lhe DEBTOR
is allowed tn waivr his right to eycm piion by
inserting in the body OF the bond. note or other
evidence Of the contract, that he waive: it, tor
which the word, II hereby waive TIE hele ut
IF mo homestead exemption arc dec!2reh 70
be amncicnr 10 be entitled - the till be1chf
Of Al exempt homestead, the party must claim
tin tn. mode prescribed by the fourth section
of the ari The .l;li, .,ih and 9Th sections We
copy IN fill!
t. To be entitled 70 the full benefit Of a
homestead exempt from levy, seizure. earnislee
ing OF sale, SAID householder or head OF family
shall declare, by deed duly recorded 10 the deed
book OF the county in which said homestead or
the greater part thereof is situated, his inten
ton 70 claim snch homestead, with descriD
ton OF the property 20 claimed "a such home
stead, or ii IT. is intended to clsim such home
stead in property oil greater value than IS speci
fed in the first section ol this act or in proper
ty held ia ioiut tenancy, coparcenary or in com
mon, reasonable certain desert ption of the
property on Of which such homestead is in.
tended TO be claimed; provided, that in case
such intent shall be expressed in the deed or
vii! conveying such property it shall not BIO
necessary for the householder or head OF iami
ly 10 execute a deed declaring such intent.
A homestead may be claimed in equitable as
we'll as legal estates.
). Property subject 10 mortgages, deeds Of
trust, or other liens shall be subject to the
claim of homestead, upon the payment or
discharge OF such liens, but said property, so
far as the liens mentioned in the second section |
are concerned, shall be subject to the claim of
homestead without the payment or discharge |
Of such last nam ed liens. 1t partition is neces-
sary IN any case in order to ascertain the home
stead, the same may be had az now prescribed |
by law, and the commissioners appointed to |
mako partition, shall, after the partition is |
n Ourto .
by metes and bounds toe homestead chosen by |
the party entitled thereto which report. when |
confirmed by said court shall be recorded
6. Whenever it is prCHosed to sell, extend or
rent by decree or other legal process the real |
estate OF any householder Or head of family,
and the homestead shat no. Eave been laid off |
as prescribed by law, such householder or head
Of family may thereupnu make selection of q
homestead by deed as prt scribed in section
four OF this act, but should Snch homestead, or
any homestead selected under this oct, be
charged to be excessive, the eourt, ~ whose
order the same is directed to be sold, extended
Or rented, shall appoint three disinterested
being ireeholders, not connec
ed with any OF the parties, who, after being
luy sworn, shall examine the premises and
nd his family and return written description
"
anne may be recorded as the home
tead.
When the real estate proposed tc be sold, |
xtended or rented is of greater value than the
aid householder or head of family may be
ntitled TO as homestead, and IS so situated
hat homestead cannot be set apart therein,
he said commissioners shall report the facts IA
he court under whose order they are acting i
'hereupon the court shall order sale of the
hole tract, and out Of the proceeds Of the
NE shall order to DO invested such amount as /
be said householder or head OF family may
entitled to as homestead, in the purchase, /.
nder his direction, OF homestead for him !
nd his family, and the surplus to be applied
, the payment of the debt for the satisfaction
which the land was sold. For good cause :.
lowo. the court may upon tho return of the
signment or appraisement aforesaid, appoint
W commissioners and order reassiRnmen t
reappraisement of the property claimed as
'mestead, and the said commissioners 81 ali
turn their proceeding to the said court fot lis
affirmation or rejection But in every case
lere such commissioners shall make an f1ssipn- +
# bo-,acto3S ,,pje, !