The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-02

determine any prior or other estate OF
homestead. and unless, upon the face OF the
deed under which 1t Is held, 1t is expressed
TO be such homestead, it shall be so de-
clared by deed duly recorded in like man.
ner as in the case Of an original selection OF
homestead.
8. The homestead provided In this net
shall continue after his death for tue beneill
of the widow and children of the deceased
until her death or marriage, and after hci
death or marriage for the exclusive benehi
of his minor children until the youngest
child becomes twenty-one years OF age
after which period 1t shall pass according TO
the laws Of descents as other real estate, OF
~ NAV be devised by said householder noi
being subject to dover, yet suDJect 70 III
the debts of the said householder or hcad o.
a family. tbc
9. If the wife obtain divorce from Inc
husband on account OF his laliit or ni I 10
duct the title to the homestead siall ne " :,
creed TO the wife and minor ci'io'e' 40 -
he were dead. hao5 ~ .
family shall have departed TINS me since the
adoption of the present ConstituiloI, ea1-
bnIncstead shall not have been selected or
ASSIGNED in the lifetime of said householder,
She. if remaining unmarried, or they, IL she
marry or die before such selection, shall DE
entitled to claim the same !; and the court
shall appoint commissioners to assign the
same in the same manner that commission
ers are appointed to assign dover, ana Inc
homestead so assigned shall be held by Inc
widow and children to the extent and on
the same conditions prescribed i'll section
eight Of this act And it shall be lawful,
when the homestead becomes vested in
widow and minor children, or any OF them,
for the circuit court of the county or city I'D
which such homestead lies, upon petitloh
Gled for that purpose by the widow or IN.
fants by their next friend, to order sale OF
the homestead, and the investment oil the
proceeds thereof in another homestead. or
otherwise, when it appears to the court that
it is for the benefit OF the parties Interested
that the same shall he done. All home
steads under this section shall be duly re-
corded as aforesaid.
II. Ii in any case the homestead selected
under the proceeding is not of the value OF
two thousand dollars, such householder or
head of family, in addition to the articles
exempt from levy or distress for rent by
statute on the day the present Constitution
went into effect may select, set apart, and
hold exempt from levy, seizure, garnlshee-
ing, or sale, so much Of his personal pro-
perty, including money and debts due him,
us added to the value OF such homestead
will make the sum of two thousand dollars,
and if such householder or head OF family
hls not selected, and does not claim Il
homestead under this act, he may, III addl-
ton TO the articles exempt from levy or
distress for rent on the day the present Con-
siitution went into effect, select, set apart,
and hold exempt from levy, seizure, Sarnl,
sheeing, or sale, so much OF his personal
property, including money and debts due
him, as will not exceed in value two thou
sand dollars and 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 re-
sides to he recorded.
u. The personal property selected under
the next preceding section shall be held III
the same manner, under the same llmita-
tionS, and subject to the same conditions as
to inrumbrancc and sale, and in all other
respects us provided for by this act in the
Ease 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 widow or infant. children, she
may, if unmarried, make such selection, or
if she be dead or married, the infant chill
lren 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. .a. ........
Is. When there shall be sale and rein
vestment of the personal property selected
under the eleventh and twelfth sections of
this act, u designation thereof shall i'll Ike
manner as provided by said eleventh see
ton be returned to the clerk of the county
court Of the county in which tie house
holder or head OF q taruily resides TO be
recorded. --. s-,...-,.--,. .......-.
ii. If the plaintiff, in an execution, dis
tress warrant, OF attachment, shall be dis
satisfied with the valuation of the property
selected as provided for in the eleventh and
twelfth sections of This act, upon applica-
ton the judge Of the county court in which
the property is shall appoint three disinte-
rested freeholders, who shall assess the
value of such property upon oath, and if
found to exceed the amount to which the
householder, head of Il 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 pro-
perry selected and set apart as aforesaid
be exempt from levy, seizure, garnishee, or
sale, upon any execution, order, or other
process, issued on any demand in the fol-
lowing eases:
LIST. For the purchase price of said pro-
pcrty, or any part thereof.
I'd. For services rendered by laboring
man or mechanic. a.
Sd. For liabilities incurred by any public
officer, or officers OF court, or any fiducia-
~, or any attorney at law, for money col
lected.
4th. For lawful claim for any taxes, le-
vies, or assessments, accruing after the first
day of June, eighteen hundred and sixty
six. . .".t
9TH. For rent hereafter accruing.
9th. For the legal or taxable fees of any
public officer or officers of court, here
after accruing for any debt or contract as to
which the debtor or contractor has waived,
as hereinbefore provided, the exemption to
which he is entitled under this act.
IS. Any householder or head of family
who shall have failed to select and set apart
a homestead and personal property which
he claims to hold az exempt from levy or
sale, according to the provisions of the
foregoing sections, and who desires to avail
himself of the benefit of the exemptions
provided for i'm this act against creditor
proceeding to enforce the lien Of his judy
ment or execution, must file an inventory,
under oath, In the court where the judg-
ment, decree, or order 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 under such or
der 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, either in term time or vacation.