The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-25
ALIEN,
From the Petersburg papers.
The Homestead Law.


The HI omestead Law.
| a bill to presortbe isphat manner and upon
sohat conditions q householder or heed O.
a family shall set apart and hold q hon E.
stead for the benefit Of himself and fanas-
ty exempt from safe for de6t. :. = - 2
1. BE 1t enacted by the General Assembly
Of Virginia, That every householder or
head Of o fan1ily shall, as provided for by
the Constitution, be entitled, In addition to
the articles exempt from levy or distressfor
rent by statute on the day the present Con-
stitution of Virginia went into effect. to
hold, exempt from levy, seizure, garnishee-
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 money and debts due
him, whether heretofore or hereafter ac-
quired or contracted, to the value of not eX-
ceeding two thousand dollars, to be select
ed by him F: Provided, That such exemp-
| ton shall not extend to any execution, or
der, or other process, issued on any de-
mand, i'm the following cases-tirst, for the
purchase price of said property, or any part
thereof: second. for services rendered by
laboring person or mechanic; third, for
liabilities incurred by any public officer, or
officer of court, OF any tiduciary, or any at
torney at law, for money collected; fourth,
| for lawful claim for any taxes, levies, or
assessments accruing after the LIST day of
June, 1866; fifth, for rent hereafter accru-
| ing; sixth, for the legal or taxable fees of
any public officer, or officers of court,
| hereafter accriling. - ar, ns .,9s-...
g. The foregoing section shall not be con-
strued rs subiccting the property hereby
exempted, or any portion thereof, to any
h1.r If IN
property which has been subsequently re-
stored to the defendant, or judgment ren-
dered or dockcted on, after the seventeenth
day of April, one thousand eight hundred
and siXty-one, and before the second day Of
March; one Thousand eight hundred and
sixty-seven, for ANY debts contracted pre-
vious to the fourth day Of April, one thou
sand eight hundred and siXty-tive, except
debts of the character mentioned in either
of the above first three exceptions.
8. 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. ,l....
4. Upon the application Of any house
holder or head Of a family 1t shall be the
duty Of the county or corporation court of
the county, city. or town in which such
householder or head Of family may re-
side, to appoint three discreet freeholders,
who shall examine such property as the
householder or head of family may select
as homestead, whether the same be real
or personal, and upon oath assess the fair
value thereof, and shall set apart the said
property to the value of two Thousand dol
lars, if so much shall belong to such house
holder haad of Il family, to be held by
him or her as 4 homestead aud thoy shall
report their action to the said court, with a
| list of the property and the assessed value
| of each article thereof, properly and con-
yeniently described, which report, when
confirmed by the court. shall be conclusive
as to all questions relating to the value of
such property Provided, That any creditor
of such householder or head of family
may, upon his motion, enter himself upon
the record as a party to the proceedings
and contest the correctness of such Yalua-
ton; and provided further, that all such
orders shall be advertised by the clerk on
the courthouse door on the first day OF the
next succeeding term of the court after
they shall have been made: and prouided
also. That no order Of confirmation shall be
entered in any such case until the report
shall have been filed at least one term for
exceptions, which report, when so filed and
confirmed, shall at once he entered of re-
cord by the clerk upon the proper deed
book in his office.
5. When any householder or head of q
family shall have departed this life since the
9th day of July, 1860, it may be lawful, upon
the motion Of the widow or any child, Or
the guardian of any minor child Of such
householder or head of family, or Of the
personal representation or any creditor Of
such householder or head of Il family, for
the court to make an order to set apart the
homestead out ofthe estate ofsuch decedent,
for the benefit of such widow and children,
or Of such children, as the ease may be,
such order and proceedings Hereunder, in
all respects, to conform to the provisions OF
the preceding section.
6. When such homestead shall be so as
certained and set apart by IN order of the
court, and duly recorded as here1nbefore
provided, the same shall be held by the
then head of the family for the use and en-
joyment of such family, and shall descend
and pass to the children of such house
holder or head of family upon the death
of the surviving parent of such children
Provided, That during the lifetime of the
householder or head OF a family, or in any
case of his death, during the lifetime of his
widow, he or she, as the case may be,
shall be deemed to hold the said homestead
in trust for the uses herein declared, and in
all respects shall be held and treated us
trustee, with the same powers over and
liabilities for the said homestead, as If he Or
she was trustee under deed Of trust con-
yeying property to the use Of married
women and their children for life, remanded
over in fee to such children. H..
7. A homestead set apart and held as
aforesaid may be sold, conveyed, mortgaged
or pledged, by Il deed duly executed and
recorded by the householder, if he or she
have no family. In case the householder
be a married man, without children, then
the conveyance, mortgage, or pledge, may
be made by said householder; provided his
wife shall unite with him in said convey
ance, mortgage, or pledge, in the manner
prescribed by law, regulating the execution
of deeds by married women.
In case the householder or head of a
family have children, then a decree of a
court of chancery shall be necessary in or
der to charge or convey the principal Of
said homestead, unless the children Shall be
of age and unite IN such conveyance, mort
gage, or pledge. ..-.........-
The homestead may be sold and conveyed
according to the provisions Of this section,
and the proceeds invested in another home
stead, to be held under like limitations and
restrictions.
s. In all cases where debtor or contrac-
tor shall, in the body of the bond, note,
memorandum, or other evidence of any
debt or contract, the payment or perform
ance of which is sought to be secured,
stipulate in writing that the debt or con-
tract evidenced by such instrument shall be
charge upon the property of such debtor
or contractor exempted by the Constitution
and laws Of the State from levy or distress
for rent, such stipulation shall be deemed
to be and shall have all the effect OF Sc
curity upon the property of the debtor 30
exempt, and all debts or contracts so Sc
cured shall, rs against the debtor or con-
49,, ho cl,or oUolnSf