The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1870-07-07
The Walley Uirginiau.
STANTON, VIRGINIA.
Thursday, July 7, 1870.

Thursday, July 7, 1870.
THE HOMESTEAD ACT.
I An act to prescribe in what manner and upo
what conditions householder or head
| family shall set apart and hold homcstea
and personal property for the benefit of him
| self and family exempt from sale for dent.
L. Be it enacted by the General AssembI
of Virginia, That every householder or hea,
Of family shall, as provided for by the con
stitution, be entitled, in addition to the ar
ticles exempt from levy 81 distress for rem
by statute on the day, the present constitution
of Virginia went into effect, to hold, exemp
from levy, seizure, garnisheeing or sale, unde
any execution, order, or other process, ISSUED
on any demand for any debt heretofore
or hereafter contracted, his real ard per
sonal property, or either, including money
and debts due him, whether heretofore
or hereafter acquired or contracted, te
the value of not exceeding two thousand dol
lars, to be selected by him; provided, tina,
such exemption shall not extend to any exc
cution, order Or other process, issued on any
oSHduu, III JIG iolioHluS Canco--HiSt, III Viz
purchase price of said property, or any part
thereof; second, for services rendered by 9
laboring person or mechanic; third, for Ii
abilities incurred by any public officer, OF
officer of court, or any fduciary or any at
torney at law, for money collected fourth
for lawful claim for any taxes, levies or as
sessments accruing after the first day of June,
one thousand eight hundred and sixty-six
fifth, for rent hereafter accruing; sixth, for
the legal or taxable fees Of any public officer,
OF officers Of court, hereafter accruing.
2. The foregoing section shall not be con-
strued as subjecting the property hereby ex-
empted, or any portion thereof to any lien
by reason of any execution levied on proper
ty which has been subsequently restored
to the defendant, or judgment rendered or
docketed on, after the seventeenth day Of
April. one thousand eight hundred and six
ty-one, and before the second day Of March,
one thousand eight hundred and sixty-seven,
for any debts contracted previous to the
fourth day of April, one thousand eight hun
dred and sixty five, except debts of the char
acter mentioned in 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,
by virtue of any mortgage, deed of trust,
pledge, or other security thereon.
In all cases where debtor or contractor
shall declare 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 ex-
emrtion from liability of the property which
he may be entitled to hold exempt under the
provisions Of this act, the said property,
whether previously set apart or not shall
then be liable to-he subjected for such debt
OF contract under legal process in like man
ner, and to the same extent as ether estates
of the said debtor or contractor; provided,
that when such debtor or contractor is pos
sessed Of other estate than that which he
may be entitled to hold exempt from liabili-
ty, in the county in which suit is brought
against him, or the property set apart under
the provisions of this act may be, then such
other estate shall be subjected and exhausted
before that which the said debtor or contract
or may be entitled TO hold exempt is sold
and provided further, that no waiver under
this section shall apply to any property ex-
empt from Wy or distress for rent under any
statute in force at the time of tie adoption of
the existing constitution, and not abrogated
by it.
The following, or equivalent words, shall
be sufficient to operate as the waiver provi-
ded for in the previous section: II Cor we)
hereby waive the benefit of my Cor our)
homestead exemption" as to this debt, obi
cation or contract; as the case may be.
4. To be entitled to the full benefit of a
homestead, exempt from levy, seizure, gar
nisheeing or sale, said householder or head
of family shall declare, by deed duly record
ed in the deed book of the county in which
said homestead or the greater part thereof is
situated, his intention to claim such home
stead, with description of the property so
claimed as such homestead, or if it is intend
ed to claim such homestead in property OF
greater value than is specified in the first sec
ton of this act, or in property held in joint
tenancy. coparcenary or in common, reason
able certain description of the property out of
which such homestead is intended to be
claimed provided, that in case such intent
shall be expressed in the deed or will convey
ing such property it shall not be necessary
for the householder or head of family to ex-
ecute deed declaring such intent
A homestead may be claimed in equitable
as we'll as legal estates.
S. Property subject to 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 i'll the second
section are concerned, shall be subject to the
claim of homestead without the payment or
discharge of such last named liens. If par
tition is necessary in any case in order to as
certain the homestead, the same may be had
as, new prescribed by law and the commits
sioners appointed to make partition, shall, az
ter the partition is made, report also to the
court appointing them, by metes and bounds,
the homestead chosen by the party entitled
thereto; which report, when confirmed by
said court, shall be recorded.
6. Whenever it is proposed to sell, extend
or 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 family may there
lupon make selection of homestead by deed
as prescribed in section four of this act, but
should such homestead, or any homestead Sc
lected under this act, be charged to be exces
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