The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-23
DEPARTURE OF TRAINS.
Ghs1atelli1ge1rter.
MOme.l0ad EXCEPTION Law.


An Act providing for Homesteads, and
exemptions from forced sales Of personal
property in certain cases.
Be it enacted by the legislature Of West
Virginia:
LIST. That any husband or parent resid.
ing in this State, or the infant children Of
deceased parents, may hold a homestead
to the value Of one thousand dollars, and
personal property to the value Of two
hundred dollars, exempt from forced
sales, subject to the following regulations
aud provisions.
I'd. Any person, described in the pre-.
ceding section, may set q part Of his per.
sonal property, not exceeding two hun.
bred dollars In value, to be exempt from
execution or other process, in all cases
where the claim or cause Of action arose
out Of contract, except as hereinafter pro.
Vided.
Sd. When a debtor claims personal es.
tate exempt by this chapter, he shall de.
liver to the officer holding the execution
or process, list by separate items, OF all
the personal estate owned or claimed by
him, including money, bonds bills, notes,
claims, and demands, with the residence
Of the person against whom the said
bonds, bills, notes, claims, and demands
are, and shall verify such list by affidavit,
which affidavit shall be In the following
form or 10 the following effect:
|, A b, do solemnly swear that the an.
nexed list by me subscribed, contains a
true and perfect list Of. all the personal
estate Of every kind, owned or claimed
by me. A. B.
Which affidavit shall be taken before
aud certified by any person authorized to
administer oaths, and any one swearing
falsely, knowingly, shall be deemed guilty
Of perjury, and, upon conviction thereof,
shall be punished accordingly.
lie shall also deliver TO such officer q
list, by separate items, OF the property he
claims as exempt. II the husband be alb.
sent or incapable Of acting, the claim may
be made, the list delivered, and the aftida.
Wit made, by the vile, with the same el.
feet as II made by the husband. II the
creditor, his agent, or attorney demand
sppraiSement thereof, two sdisinterested
householders of the neighborhood shall
he chosen, one by the debtor and the 9TH
er by the creditor, his agent or attorney
sud these two, If they cannot agree, shall
select third; but II either party shall fail
10 choose an appraiser, or II the two fail
10 select third, or If one or more of the
appraisers fail TO act, the officer shall fill
the vacancy.
The appraisers shall forthwith proceed
10 make list, by separate items, of the
personal estate selected by the debtor to
the value Of two hundred dollars as may
he, atliXing 10 each item the value they
may agree on, and annexing to the list
their affidavit 10 the following effect
We solemly swear that 10 the best Of our
Judgment the above Is q fair cash valua-
lion Of the property therein described"
which affidavit shall be signed bytwo ap.
pralsers at least, and be certified by some
person authorized 10 administer oaths.
inc list shall be delivered to the officer
holding the execution or other process,
and 0e by him annexed to and made part
ol MS return; and the property therein
sPec'hed shall be exempt from levy and
Saie, and the other personal estate Of the
ueOtOr remain subject thereto. The off,
Cet snail also annex, as part Of his return,
!ue llrSt list specified in this section; and
~ case no appraisement be required, he
snail return the second list mentioned In
said section in like manner. And anv of.
tcer who shallsell any property 40 claim.
ed as exempt, after the proVisions Of this
section have been complied with by ithe
debtor or his wife, shall forfeit to such
debtor three times the value Of the prop
erty so sold, which forfeiture may be 70
covered in any court having jurisdiction
IN the case.
4th. The appraisers shall each be en-
nlled to fifty cents, TO be paid by the
creditor, If It appear that the property
claimed by the debtor as exempt did moi
exceed two hundred. dollars In value
otherwise to be paid by the debtor.
ON. Alter the death OF husband OF
parent residing in this State, his widow
anu minor children, or such of them as
aGete may be, may select personal estate
" 9e deceased not exceeding two hun
urea dollars In value and hold the same
exempt from execution or other process
LOT any debt contracted or liability ARISING
out Of contract incurred by the deceased
10 ms lifetime. But the personal reprez
sentative or any creditor Of the deceased
may have the personal estate 80 selected
appraised as prescribed in The laSt three
secnons, and with like effect and M
SSvH.et amount than two hundred dollars
VI IAe personal estate Of, the deceased shall
Oe exempt by virtue Of this and The D ion-
RtteSSe9ing sections; and il, during hi.
n.eupe, he had himself set apart pefson nj
ss.ass 70 DO exempt from execution and
L psOSeS, me same shall be subject thereto
snef his death so far as moi ssie sSSte y
s sVS1s BY his widow and minor S cS, II
utsn. or such Of them as there nav ba il :.
on. No exemption claimed nnSo Se H..
provisions Of this act shall Affect I ~ u, tne
pStf any claim for the purchase mS ~ a9 !,
Me personal estate in respect " 1'n l0S,S Sl
such exemption is claimed, or sn NJ % Sis',r