The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-20

county court on motion OF the person
aggrieved, may set aside any appraise-
ment made aforesaid, and order new
appraisement to be made and returned,
and appoint appraisers for that pur-
pose, and make such order respecting
the costs as may be deemed just.
8. Any husband or parent, residing
10 this State, or the infant children OF
deceased parents, may hold a home
stead of the value OF one thousand dol
lars, and personal property OF the value
OF two hundred dollars, exempt from
forced sale Provided That such home.
stead exemption shall in nowse affect
debts or liabilities existing on the TWEEN
ty-second day Of August, eighteen hund'
red and seventy-two; and provtaed fur
her, that no property shall be exempt
from sale for taxes due thereon, or for
the payment of purchase money due
pom such property, or for debts con-
tracted for the erection OF improve
meuts thereon.
9. Any husband or parent desiring
to obtain the benefits OF the homestead
mentioned in the preceding section OF
this sct, shall make declaration Of
such intention, and therein describe
with convenient certainty, such home-
stead, go that it may be distinguished
from other property; which declara-
ton of such intention shall be acknow-
lodged before some officer authorized to
take acknowledgment Of deeds for re-
cord, which the party shall have duly
recorded.
10. That no person, after the first
day OF October next, who has not made
and had recorded such declaration OF
intention, shall have the benef! OF such
homestead as to debts contracted before
the recording of his declaration OF in-
tentjon to claim the benefit Of the same.
II. Any such husband or parent,
except a married woman, at the time
of contracting a debt, may, in writing,
waive the right 10 claim the benefit OF
such homestead, as to such debt: Pro-
rtdei, In the case OF husband, hls
vile snail join him in such waiver, and
their acknowledgment aud her privy
examination he taken and recorded as
provided for in case OF deeds OF con-
IryanCe.
II Ia case such husband or parent
should remove from the State, the
benefit Of such homestead shall thereby
be lost.
l3. In case Of the death OF such
husband or parent, the benefit Of such
homestead shall descend to bis or her
infant children; and be held free from
the debts of such husband or parent
until all such children arrive at the
age OF twenty-one years.
IA. Said infant children. during their
minority, shall not, by themselves cr
their guardian, waive the right 10 such
homestead: Provided, however, Tha.
nothing 10 this act shall be so con-
strued to prevent the widow OF such
husband or psrent who may die, from
her right OF dover in the homestead
to which such husband or parent was
entitled.
10. Any person having the rigAt -
charge the homestead o. guCh hus5aui
or parent with the payment OF debt
or demand, shall have the right to in
stitute his suit in court OF equity; and
if he sbalI make it appear that such
homestead s o greater value tnsn one
thousand dollars, the coIrt shall pro-
vide by decree or otherwise, for such
creditor 10 have the benefit OF the value
o. such homestead in excess Of Que
Thousand dollars.
II. This act sbgl! be in force from
its passage.