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

SHall NC ueau, leaving u WIDOW or III
FAINT children, and such homestead shall not
have been selected or assigned in the lifetime
Of said householder, she, if remaining un.
married, or they, if she marry or die before
such selection, shall be entitled to claim the
same; and the court shall appoint commits
sioners to assign the same in the same man.
ner that commissioners are appointed to as
sign dover ; the homestead SO assigned shall
be held by the widow and children to the
extent and on the same conditions prescrib-
ed in section 8 of this act; and it shall be law
full when the homestead becomes vested in a
widow and minor children, or any Of them,
for the circuit court Of the county or city in
which such homestead lies, upon, a petition
filed for that purpose, by the widow Or the
infants by their next friend, to order a 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 tor the benefit of the parties interested
that the same shall be done. All home
steads under this section shall be duly re-
corded as aforesaid.
II. If. in any case, the homestead selected
under the preceding sections is not of the
value Of $4,000, such householder or head
of q family, in addition to the articles ex-
empt from levy or distress for rent on the
day before the present constitution went into
effect, may select, set apart, and hold ex-
empt from levy, seizure, garnisheeing or
sale, so much Of his personal property, 10
Guiding money and debts due him, as added
to the value of such homestead, will make
the sum of 1900, and if such householder
or head of a family has not selected aud
does not claim a homestead under this act.
he may, in addition to the articles exempt
from levy or distress for rent on the day
the present constitution went into effect, Sc
lected, 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
50, 900; and he shall in either case in wri-
ting designate the personal property SO Sc
lected by him and each article, thereof,
afixing thereto his cash valuation Of each
article, aud shall return such writing to the
clerk Of the county court wherein he resides
to be recorded.
y. 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 in
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 a wild
ow or infant children, she may, unmarried,
make such selection, or if she be dead or
married, the infant children may, by their
guardian or their 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.
Is. When there shall be a sale and rein
vestmcnt of the personal property, selected
under the eleventh and twelfth sections of
this act a designation thereof shall, in man
ner, as provided by said eleventh section,
be returned to the clerk of the county court
in which the householder or head of q fami-
ly resides, to be recorded.
IA. If the plaintiff, in an execution, dis
tress warrant, or attachment, shall be dissat-
isfed with the valuation Of the property, Sc
lected as provided for in the eleventh and
twelfth sections of this act, upon application,
the judge Of the country court in which the
property is, shall appoint three disinterested
freeholders, who shall assess the value of
such property upon oath, and if found to
exceed the amount to which the householder,
head of a family, widow or minor children
may be entitled, the surplus shall be liable
to the execution, warrant, or attachment.
Is. Provided, that the homestead and
property, selected and set apart as aforesaid,
under the provisions of this act, shall not be
exempt from levy, Seizure, ga%rnishee, or
sale, upon any execution, order, or other
process, issued on any demand, in the fol-
lowing cases:
First, for the purchase of said property,
or any part thereof; second. for services
rendered by laboring person OF mechanic !;
third, for liabilities incurred by any public
officer, or officers Of a court, or any fducia-
ry, or any attorney at law, for money collect.
ed fourth, for a lawful claim for any taxes,
levies or assessments, accruing after the LIST
day Of June, 1866; fifth, for rent hereafter
accruing +; sixth, for the legal or taxable fees
Of any public officer, or officers of a court,
hereafter accruing.
Is. Any householder or head Of a family
who shall have failed to select and set apart
a homestead, and personal property which
he claims to hold as exempt from levy or
sale, according to the provisions Of the fore
going sections, and who desires to avail HIM
self of the benefit of the exemptions provided
for in this act against a creditor proceeding
to enforce the lien of his Judgment or exc
cution, must file an inventory under oath, in
the court where the Judgment, decree or Or
der is obtained, or with the officer holding
the execution, Of the whole of the real and
personal property owned by him, at any time
before the sale of the property; and it shall
be the duty of the commissioner acting un-
der such order or decree, Or the officer to
whom the execution is directed, to apply
forthwith to the Judge of the county court
in which such property is, who shall appoint
three disinterested freeholders of the county
Or city, which fre~eholders, after being duly
sworn, shall appraise said property at its
cash value.
H.. Upon such inventory and appraise-
ment being completed, the said household
er or head of a family claiming the benefit
of such exemption, or his authorized agent,
may select from such inventory an amount
of property, not exceeding, according to such
arpraisement, the amount of value herein
exempted, and the said officer or creditor
may proceed to enforce the lien of said judg-
ment or execution upon the residue of tue
said property, free from such claim for ex-
emption.
IS. This act shall be in force from its
passage.
Pressure TO SELL REAL EsTATE.-A let