Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1870-03-18
THE HOMESTEAD ACT.

cCcCst0 NV
Aimsel and family exempt from sale for
, debt.
1. Be it enacted by the General Assembly
of Virginia, That every householder or head
Of a family shall be entitled, in addition to
the articles exempt from levy, or distress
for rent, on the day before the present con-
s~titution Of Virginia went into effect, to
ing or sale, under any execution, order or
other process, issued on any demand for
any debt heretofore or hereafter contracted,
his real and personal property, or either,
including moleE and debts due him, wheth-
er heretofore hereafter contracted, to the
value Of not exceeding two thousand dollars,
to be selected by him Provided, That such
exemption shall not extend to any execu.
ton, order or other process, issued on any
demand, in the following cases.
First. for the purchase price Of said prop
erty or any part thereof; second, for ser
vices rendered by a laboring person or a
mechanic third for liabilities incurred by
any public officer, or officer of a court, or
any fduciary, or any attorney at law, for
money, collected fourth, for a lawful claim
| for any taxes, levies or assessments accru-
ing after the LIST day of June, 1866; fifth.
for rent hereafter accruing; sixth, for the
legal or taxable fees Of any public Office, or
officers of a court, hereafter accruing.
2. The foregoing section shall not be con-
strued as subjec:ing the property hereby
exempted, or any portion thereof to any
lien by reason of any execution levied on
property which has been subsequently, re-
stored to the defendant, or Judgment rem
| dercd or docketed on and after the 18th day
of April, 1861, and before the I'd day of
March, 1867. for any debt contracted previ-
Gus to the 4th day Of April, 1865, except
debts Of the character mentioned in either
of the above first three exceptions.
5. Nothing contained in this act shall be
construed to interfere with the sale Of the
property aforesaid, or any portion thereof,
by virtue or any mortgage, deed Of trust,
| pledge, or other security thereon.
4. To be entitled to the full benefit Of .
homestead, exempt from levy, seizure, gar
| nisheeing or sale. said householder or head
of a family shall declare, by deed duly re-
corded 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 a description Of the
property so claimed as such homestead !; 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, coparcenary, or in
common, a reasonably certain description Of
the property out Of which such homestead is
intended to be claimed j; Provided, That in
case such intent shall be expressed in the
deed or will conveying such property, it
shall not be necessary for the householder
or bead of a family to execute a deed declar-
ing 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 prop
erty, SO far as the liens mentioned in the
second section as concerned, shall be sub
icct to the claims Of homestead 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 commissioners 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 party entitled thereto ; which report,
when confirmed by said court, shall be re-
corded.
6. Whenever it is proposed to sell, extend,
rent by decree OR other legal process, the
real estate of any householder or head Of a
family, and the homestead shall not have
been laid off as prescribed by law, such
householder Or head of a family may make
selection of a homestead by deed as pre-
scribed 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 direct
ed to be sold, extended, or rented. shall
appoint three disinterested commissioners
being %freeholders, not connected gith any
Of the parties. who, after being duly sworn.
shall examine the premises, and set apart
therein a homestead for the debtor and his
family, and return a written description of
the same to tho court in order that the same
may be recorded 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 a
homestead, and. is so situated that a 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 a 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 homestead,
in the purchase, under his direction, of a
homestead for him and his family, and the
surplus to be applied to the payment of the
debt for satisfaction of which the land was
sold. For good cause shown the court may.
upon the return Of the assignments or appraise-
ment aforesaid. appoint new commissioners
and order a ~reassignment or re-appraisement
of the property claimed as a homestead,
who shall return their proceedings to said
court for its confirmation or rejection. But
in every case where SUCH commissioner 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 assigned as aforesaid shall be duly re-
corded as aforesaid.
7. Ahomestead SO set apart OF purchased
shall not be mortgaged, encountered OF
aliened by The owner, if a married man,
except by the joint deed of himself and wife,
executed and acknowledged after the man
ner Of conveyances, of lands of married wo
men ; but the husband may, without the
consent Of his wife. mortgage such home
| etead fo. the purchase money thereof, or for