The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-23

for work or labor performed in a family
a. Q domestic, or any voluntary lien on
such estate given by the owner thereof, OF
any proceeding for the collection Of taxes
on county, district, or township leyies, OF
any debt created for funeral expenses, OF
claim where the debtor Is removing or
about to move his property out Of this
State with intent to delraud his creditors,
or Tor rent due upon a lease which has moi
been due more than one year; provided
that The voluntary lien above mentioned,
when given by husband must be Joined
In by his wife, and acknowledged before
the clerk Of the county court by both, or
before justice Of tho peace, and by him
certified TO the clerk Of said court, who
shall In either case record the same, for
which he may charge fee Of twenty-five
cents
7lh. The county court Of the county or
Judge thereof In vacation or the county
court on motion Of the person aggrieved,
may set aside any appralsement made as
Aforesaid and order new appraisement
to be made and returned, and appoint ap.
praisers for that purpose, and make such
order respecting the cost as may be
deemed Just!
"8. Any husband or parent residing
In this State, or the infant children Of de-
ceased parents, may hold q homestead Of
the value Of ono thousand dollars exempt
from forced sale: Provided, That such
homestead exemption shall In nowise
affect debts or liabilities existing on the
twenty.second day Of August eighteen
hundred and seventy.two; and provided
further, That no property shall be exempt
from sale for taxes due thereon for the
payment Of purchase money due upon
such property, or for debts contracted for
the erection Of improvements thereon"
10. Any husband or parent desiring TO
obtain the benefit Of such q homestead
shall make declaration Of such intention,
and therein describe with convenient Ger.
tainty such homestead, so that 1t may be
distinguished from other property. II
such husband or parent should die before
making and recording a declaration Of
such Intention, the same may be made BY
tSe widow, guardian Of the infant chill
dren, or some person appointed by the
circuit court or county court OF the county
for that purpose; which declaration Of
such Intention shall be acknowledged be.
lore some officer authorized 10 take &C
acknowledgements Of deeds for record, which
the party shall have duly recorded in the
clerks office Of the county court OF the
county, In uyh;nh ouoh bornnstool I, la,
ated, in q book to be kept for that pur.
pose"
no. That no person, after the first day
OF March next, who has not made and had
recorded such declaration oil intention,
shall have the benefit Of such homestead
as to debts contracted before the record.
ing Of such declaration"
III. ANY such husband or parent, ex-
cept a married woman, at the time OF con.
tracing a debt, may, in writing, waive
the right to claim the benefit Of such
homestead, as 10 such debt. Procidsd,
In the case of husband, his vile shall
join him In such waiver, and their &C
acknowledgement and her privy examina-
ton be taken and recorded as provided
for ia case Of deeds Of conveyance"
"l2. In case such husband, parent, or
infant children, should remove from the
State, the benefit Of such homestead shall
thereby be lost"
"13, In case Of the death OF husband
or parent, il It be the husband, leaving
widow, tie benefit Of such homestead shall
descend to the widow and infant children
Of such deceased husband; and II there be
no such widow, then to the said 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."
"24. Said infant children, during their
minority, shall not, by themselves or their
guardian, waive the right to such home
steads: Provided, however, that nothing
in this act shall be construed TO prevent
the widow Of such husband or parent
who may die, from her right OF dover In
the homestead TO which such husband or
parent was entitled"
"l5, Any person having the right to
charge the homestead Of such husband,
parent or infant children with the pay
ment Of debt or demand, shall have the
right 10 institute his suit in court OF
equity; and If he shall make 1t appear,
that such homestead is OF greater value
than one thousand dollars at the time Of
the commencement of the suit, the court
shall provide by decree or otherwise, for
such creditor, To have the benefit Of the
value Of such homestead In excess Of one
thousand dollars"
nc. This act shall be in force from Its
passage"