The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-03
DEFECT in
PRESENT Law
Doubt as 10 Ability Of House
holder to Waive Home
stead Exemption.
HON, D. Il. LEAKEs MAKES POINT
Argues That Matter Was Lett
Out by Last Legislature and
Should be Relncdicd.

a,ldSo David H. Leallc, Of Goochland,
yesterday discussed the probable dis
4 crclancy in the law In relation to tho
viewer of homestead exemption In q most
I Interesting manner with a representative
#of The s-Dispatch. lie said:
II 4 4Therc was no. provision for waiver Of home-
stead in tho old Constitution. 1t was provided
for by statute (Sccs. $3.50 and a6i7 or Codc}
slnd was held to be constitutional. Kccd W.
.Among the reasons advanced by Mr.. Minor
for the consttutionality Of the waiver statues i
3 nothing in the net In question shall be con-
strued TO interfere with the sale OF the PROD
rcS &C trs pledge or other security thereon
and continues Mr. Minor as no nartl mar
l's t o. to the Legisature TO allow it. to be
created through o VII F e sdin Gt SaIhf
'''''9' u no L,NuEk- EXISTS.
This particular proylInn' rster[Sn tn or
Of the constiiutlonality Of the I wa rc,r
color e Ire view frs. s5 suFE Es ID
oral Assspm TGS!aR Rpoua preserbc lie m
,.tid the conditions on which hou Iss i;:
should Sc, ara the homssssaa ;h sec sS sse Of
po fns;s;a d tha prs ass1s
for. provides that nothing" contained, In the
u utricle should impair In any manner inc rEnt
Ing at at the time the Constitution goes into Of
1ect.-io select, the exemption or any p ;n'
m srssG cons Mt II provided that such right
II hereafter exercised be not In coniiiG1 CT Win
1s s,i tie inference being that but for this say
X ing clause the right referred TO would nave
4 Ofen 'As SHALL REMAIN IN FORCE.
An is further pr9yd sceo tnt the pr-
,Hses Of this section the provisions OF chap
~ Ter lis OF the Code of Virginia shall remain
In force until repealed by INC General Assem-
''The purpose Of tho section was apparently ~
,% psevadd lGr i the General Assembly should
net. and. so far as necessary 10 accoip; in
has PSn e an Of lis 9
relation to the h9e ste ,n S9n nrnWison,
Of chapter lis Of the Code in reference to ,ht
1lonesiead including sec, %Si1, provioing co y"
waiver Which e naSn s aG 0 to- Hr
they not implicitly repeated by this Gnns.im
is'i Il cnnstitu,ional for the General Assombl!
TO afterwards re5ennct them ~,
Ii AS a matter o. tact me waiver s'atu'e "a'
t'ssec. $3.50 has been amended and re1ennctG G,
conform 70 the new s GSns,n1h 1fEa II,
3 enough leaves out the seventh exception =
right Of esempon no. which pv rI 5 an d"s
or liability on contract as to which the nebio
party 70 The eGnTSS' 1a" %siSSn IS The eH
HAS Non, BEEN TOUCHED.
4,Sec SGa7 has not been interfered with b
x the General Assembly
at seems that the Constitution, having pre-
vided for The homestead exemption and man
~ certain notifications in the condiu rs upo
s which the right could he exercised, zoe
n further and completes the machinery hy wlic
~ Il could be exercised by enarting the pr,
a Visions OF the Code on the subject 20 far =
necessary 10 accomplish the purpose OF e.
Il abliug a householder 10 avail himself OF u
n ho,nestead exemption after the new Cons,its
u ton went into effect, In other words, the Coz
stitutiop contains q complete helf,eSe ut.l
" nrovision on the subject Of the homeslea
and does not provide for the wh'ycr II
88e S;sneral Assembly not only did not provide (
* the waiver. but, In the act which II did pas
Jeff out the waiver provision IN the old hla
4 ute. which was re-snacted,
''".This condition Of affairs II NJ least wortl
d of The attention Of the present General Assel
3Ei bly,