Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1870-03-17

homestead and personal property for
benefit of himself and famly exempt
from, sale far debt:
l. BE it enacted by the General Assem-
bly, of Virginia, That every householder
or head of family shall be emitted. in
addition to the articles exempt from levy
or distress for rent, on the day before the
present constitution of Virginia went into
effect, TO bold exempt from levy, seizure,
garnisheeing or sale, under any execution,
order or other process, issued on any de-
mand for any debt heretofore or hereafter
contracted. his real aud personal property,
or either, including money and debts due
him, whether heretofore or hereafter cou-
tracted, to the value of not exceeding two
thousand dollars, to be selected by him
Provided, That such exemption shall not
extend to any execution, or other pro-
cess, issued on any demand, in the follow
ing cases:
First, for the purchase price of said
property, or any part thereof; second, for
services rendered by laboring person or
a mechanic third, liabilities incurred by
any public officer, O. officer of a court, or
any iduciary, or any attorney at law, for
money collected /; fourth, for lawful
claim for any taxes, levies or assessments
ACQUIRING after the LIST day of June, 1866;
fifth, for rent hereafter ACQUIRING !; sixth,
for the legal or taxsble TESS of any public
officer, or officers of court, hereafter &C
cruing.
2. The foregoing section shall not be
construed as subjecting the property here
by exempted, or any portion thereof, to
any lien by reason of any execution levied
on property which has been subsequently
restored to the defendant, or judgment
rendered or docketed on and after the 18th
day of April, 1861, and before the I'd day
of March, 1867, for any debt contracted
previous to the 4th day of April, 1865,
except debts of the character mentioned in
either of the above first three exceptions.
g. Nothing contained in this act shall
be construed to interfere with the sale of
the property aforesaid, or any portion
thereof, by virtue Of any mortgage. deed
of trust, pledge, Or other security thereon.
4. To be entitled to the full benefit of
a homestead, exempt from levy, seizure,
garnisheelng or sale, said householder or
head of a family shall declare, by duly
recording in the deed-book of the county
in which such homestead, or the greater
part thereof, is situated. his intention TO
claim such homestead, with description
Of the property so claimed as such home
stead or if it is intended to claim such
homestead in property of greater value
than is specified in the first section of this
act, Or in property held in joint tenancy,
coparccnary, or in common, reasonably
certain description Of the property out of
which such homestead is intended to be
claimed Provided, That in case such in
tent shall be expressed in the deed or will
conveying such property, it shall not be
necessary for the householder or head of
a family to execute deed declaring such
intent. A homestead may be claimed in
equitable as well as legal estates.
5. Property subject to mortgages,
deeds of trusts, 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 men
toned in the second section are concerned,
shall be subject to the claims Of home-
stead without the payment or discharge of
such last named 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 commits
sioners appointed to make partition shall,
after the partition is made, report also to
the court appointing them, by meets and
bounds, the homestead chosen by the par
ty entitled thereto; which report, when
confirmed by said court, shall be recorded.
6. Whenever it is proposed to sell, cx-
tend, rent by decree Or other legal process;
the real estate of any householder or head
of family. and the homestead shall not
have been laid OF as prescribed BY law,
such householder or head of family may
make selection of homestead by deed as
prescribed in section four of this act, but
should such homestead, or any homestead
selected under this act, be charged to be
excessive, the court by whose order the
same is directed TO be sold, extended, Or
rented, shall appoint three DISTINGUISHED
commissioners being freeholders, not con-
nected with any of the parties. who, after
being duly sworn, shall examine the pre-
misses, and set apart therein homestead
for the debtor and his family, and return
written description of the same to the
court in order that the same may be re-
corded as the homestead. When the real
estate proposed to be sold or rented is of
greater value than the said householder or
head of a family may be entitled to as
homestead, and is so situated that home
stead cannot be set apart therein, the said
commissioners shall report the facts to the
court under whose order they are acting
whereupon, the court shall order sale of
the whole tract, and out of the proceeds of
the sale shall order to be invested such
amount as the said householder Or head of
a family may be entitled to as a home
stead, in tie purchase, under his direction,
of homestead FOR him and his family,
and the surplus to be applied to the pay
ment of the debt for satisfaction of which
the land was sold. For good cause shown
the court may, upon the return of the as
sgnment CT appraisement aforesaid, ap
point new commissioners and order re-
assignment or REIMBURSEMENT of the
property claimed as homestead, who
shall return their proceedings to 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 may be selected By the party
entitled thereto. And the homestead SO
purchased or assinged as aforesaid shall