The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-20
TIE HOMESTEAD BILL.
A Bill Providing for Homesteads
and Exemptions from Forced Sales
of Property I'm Certain Cases.

l. That any husband or parent re-
siding in this State, or the infant child.
rem OF deceased parents, may hold q
homestead OF the value OF one thousand
dollars. and personal property to the
value OF two hundred dollars, exempt
from forced sales, subject to the follow
ing regulations and provisions.
.. Any person described in the pre-
ceding section. may set apart of his
personal property not exceeding two
hundred dollars in value to be exempt
from execution or other process in all
cases when the claim or cause OF action
arose out OF contract except as herein
after provided.
8. When a debtor claims personal
estate exempt by this chapter, he shall
deliver to tbe officer holding the execu-
ton or other process, list by separate
items o! all the personal estate Owned
or Stained by him, including money
bonds, bills, notes, claims, and demands
with the residence OF the person agslnst
whom the said bonds, bills, notes,
claims and demands are, and shall
verify such lists by affidavit, which ar
fidavl snail be in the following form or
to tie following effect
:, A. B, do solemnly swear
that the annexed list By me subscribed,
con:a true and periect list of all
the personal estate Of every kind owned
or claimed by me. !. &.
Which affidavit stall be .ahen before
aud certified by any person authorized
TO administer oa;hs, and any one swear.
ing falsely, knowingly, shall be deemed
guilty OF perjury, and upon conviction
ther eof, shall be punished accordingly.
H shall also deliver to such officer
a liet, by separate items, Of the property
he claims rs exempt. II the husband
be abseut, or Incapable OF acting, the
claim may be made, the lis: delivered,
and the affidavit made by the wife, with
the came effect as il made by the hus-
band II the creditor, his agent CT at
torney, demand an appraisement there
Of two dsinterested householders OF the
nei shborhood shall be chosen, one By
the debtor, and the other by the credi-
tor, k;s lent or attorney, and these
two, if they cannot agree shall select a
third; but il either party fail 10 choose
an appraiser, or the two fail TO select a
third, or it one or more OF the apprais
ers fail TO act, the officer shall fill the
vacancy.
The appraisers shall forthwith pro.
coed to make list, by separate items,
OF tie personal estate selected by the
debtor, 10 the value OF two hundred dol
lars as near as may be, affixing to
each item the value they may agree on,
and aunexing to the list their affidavit
to !he following effect: 1--WE solemuly
swear that to the best OF our judgment,
the shove is iair cash valuation OF thu
property therein described" which az
tidavit shall be signed by two apprsis-
era at least, and be certified by some
person authorized to administer oaths.
The list shall be delivered TO the officer
holding the execution or other process
and be by him annexed to and made part
Of his return and the property therein
specified shall be exempt from levy and
sale and the other personal estate OF
the debtor remain subject thereto. The
officer shall also annex, as part OF his
return, the first list specified 10 this
section and in case no appraisement
be required, he shall return the second
list mentioned in said section in like
manner. And any officer who shall
sell any property so claimed as exempt,
ate. the provisions OF this section have
been compiled with by the debtor or
his wife, shall forfeit 10 such debtor
three times the value OF the property so
sold, which forfeiture may be recovered
in any court having jurisdiction in the
case.
4. The appraisers shall each be enti-
tied to fifty cents. TO be paid by the
creditor il it appear tSat the property
claimed by the debtor es exempt did
not exceed two hundred dollars in VAL
ue ; otherwise to be paid By the debtor.
5. After the death OF husband or
parent residing in this State, his widow
and minor children, or such OF them as
there may be, may select personal
estate of the deceased not exceeding
two hundred dollars in value and hold
the same exempt from execution or
other process for any debt contracted
or liability arising ont OF contract incur
red by the deceased in his lifetime. But
the personal representative or any cred
itor OF the deceased may have the per-
soual estate 60 selected appraised aspire.
scribed in the last three sections and
with like effect; and no greater amount
than two hundred dollars OF the per-
sona estate OF the deceased shall be
exempt by virtue OF this and the four
preceding sections; and il, during his
| life time, he had himselfset apart per-
soual estate TO be exempt from execu-
! tion aud other process, the same shall
be subject thereto after his death, go
lsr IS not selected as Aforesaid by his
widow and minor children, or such OF
them as there may be.
6. No exemption claimed under the
provisions ot this act, shall affect or i'm
par any claim for the purchase money
Of the personal estate in respect to
which such exemption is claimed, or
sny claim for work or labo. performed
in family ss domestic, or any vol
untary lien on such estate given by
the owner thereof, or snv proceeding
for the collection o. taxes or couutv,
district OF township leyies, or any deb;
created for funeral expenses, or any
claim where tie debtor is removing or
about 10 remove his property out olth;s
state with iu,ert 20 de!raui nis credi-
tors, or for TENT due upon Z written
lease which has not been due more
than one year Proviisd, Tha, the VOL