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

shall not be devised By the householder or
head of a family, but shall continue after
his death. for the benefit of the widow
and children of the deceased. until her
death OF marriage, and after her death or
marriage, for the exclusive benefit of his
minor children, until the youngest child
becomes twenty-one years Of age; after
which period it shall pass according to the
law of descent as other real estate, not
being subject to dover, yet subject to all
the debts of the said householder or head
of a family.
8. If the wife obtain divorce from the
husband on account of his fault or miscon-
duct, the title to the Homestead shall be
Gosreed to the wife and minor children, as
if hr were dead.
10. Ifanysuch householder or head of
family shall be dead. leaving widow or
infant children, and such homestead shall
not have been selected or assigned in the
lifetime of said householder, she if re-
naming unmarried. or they, if she marry
or die before such selection, shall be enti
tied to claim the same ; and the court shall
appoint commissioners to assign the same
in the same manner that commissioners
are appointed to assign dover the home
stead SO assigned shall be held by the
widow and children to the extent and on
the same conditions prescribed in section
of this act and it shall be lawful 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
fled 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 for tie benefit Of the parties in
tcrcsted that the same shall be DONE All
homesteads under this section shall be duly
recorded as aforesaid.
II. If, in any case, the homestead selec-
ted under the preceding sections is not of
the value of two thousand dollars, such
householder OR head of family, in addi-
ton to the articles exempt from levy or
distress for rent on the day before the pre-
sent constitution went into effect, may Sc
lect, set apart, and hol,!. exempt from levy
seiznre, garnisheeing or sale. SO much of
his personal property, including money,
and debts due him, as added to the value
Of such homestead, will make the sum of
two thousand dollars, and if such house
holder or head of a family has not selected
and does not claim 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, select, set apart and hold
exempt from levy. seizure, garuish eeiu e
or sale, so much of his personal property
including money and debts due him, as
will not exceed in value two thousand
dollars; aud he shall in either case in
writing designate the personal property
so selected by him and each article thereof
afiixing thereto his cash valuation of each
article, and shall return such writing to
the clerk Of the county court wherein he
resides to be recorded.
II. The personal property selected IN.
der the next preceding section shall be
held in the same manner, under the same
limitations, and subject to the same con-
ditions as to incumbrance 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 selec-
tions shall have been made, and the house
holder be dead, leaving widow or infant
children, she may, if 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.
ID. When there shall be sale and re-
investment Of the personal property, Sc
lected under the eleventh and Twelfth sec
tions of this act, designation thereof
| shall, in like manner, as provided by said
eleventh section, be returned to the clerk
of the county court of the county in which
the householder Or head of a family re-
sides, to be recorded
IA. If the plaintiff, in an execution, dis
tress warrant, Or attachment, sha I'll be dis
satisfied with the valuation Of the proper
ty, selected as provided for in the eleventh
and Twelfth sections of this. act, upon ap-
plication, the judge of the county court in
which the property is, shall appoint three
dlsinterested freeholders, who shall assess
the value of such property upon oath, and
if found to exceed the amount to which
the householder, head of family, widow
or minor children may be liable to the
execution, warrant, Or attachment
Is. Provided, that the homestead and
property selected and set apart as afore-
said, under the provisions of this act, shall
not be exempt from levy, seizure garni-
shee, or sale, upon any execution, order,
or other process. issued on any dem and in
the following cases:
First, for the purchase of said property,
or any part thereof ; second, for services
rendered by laboring person Or me-
chauic third, for liabilities incurred by
any public officer, Or officers of court. or
any fiduciary. or any attorney at law, for
money collected 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 ac-
cruing.
Is. Any householder or head of a fam
lily shall have failed to select and set apart
homestead, and personal property which
he claims to hold as exempt from levy or
sale, according TO the provisions of til
foregoing sections, and who desires to
avail himself of tho hcnnHt Of tha a-a.