Year: 1864

of sermons, so csntS each. popViIn'S9 Il
Chapter 2s-.An Not TO E1empta Ger.


tain Amount of Property from Ex.


ecutlOn or Other Process.


PAssEU MARcu l, 1864.


Be il enacted b| the Legislature Of Rest Viz


l. Any husbsnd or parent residing in
this State may set HpAst his personal estate
not exceeding two hundred dollars in
value, to be exempt from execution or 9TH
er process.


2. When debtor claims personal estate
asexempt by this Oct, he shall, if it be de
manded' deliver to the officer holding the
execution or other process, list by sepa-
rate items of the property SO claimed. If
the creditor, his agent or attorney demand
an apprnisement thereof, two disinterested
househOlders of the neighborhood shall be
chosen, one by the debtor, and the other
by the creditor, his agent or attorney, and
these two, II they cannot agree, shall select
third; but if either party fail to cRooSe
an appraiser, or the TWO having disagreed
fail to select third, or if one or more of
the appraisers fail TO act, the officer shall
fill the vacancy.


8.-The appraisers shall forthwith pro-
kceed to makea list yisepsrateitema6fithe
personal estate selected by the debtor to
the value of two hundred dollars as near
as may be, afhx King TO each item, the value
they may agree, on, and annexiug to the
list their affidavit to the following effect:
ave sOlemnly swear that to the best of
our judgment. the above is fair cash val
nation otgthe propertys therein .described:"
which affidavit shall be signed by two ap-
pralsers at least, and be certified by some
persuI authorizedztO administer oaths.-
The iist shall be delivered to the officer
holding the execution or other process,
and be by bin annexed to and made part
of bis return; and the properly therein
specified shall be exempt from levy and
sale, andslhe other personal estate OF the
debtor remain subject thereto.


The appraisers shalt each be entitled
TO htty CENTS TO be paid by the, creditor if
lt,aPpesrst that the property claimed by the
debtor as exempt did not exceed two huu-
dred dollors in value; otherwise to be paid
by the debtor.


.. After the death of husband or par
ent residing in this State, his widoETor
minor children, or such of them as there
may be, may select personal estate of the
deceased not exceeding two hundred dol
lars in value; and hold the same exempt
from execution or other process for any
debt contracted or liability incurred
oy the deceased in his life time
But the personal representative or
any creditor of the deceased may have the
personal estate SO selected appraised as pre-
scriped in the last three sectiuns. and with
like effect, and no greater amount thnu
Two hundred dollars of personal estate of
the deceased shall be exempt by virtue of
this act, and if, during his life time, he
mad himself set apart personal estate to be
exempt from execution and other process.
the same shall be subject. thereto after his
DEATH go far as it is not selected as afore-
said by his widow and minor children. or
such of them as there may be.


6. The thirty-third aud thirty. fourth
sections Of chapter forty nine of the Code
of Virginia, second edition, are hereby
repealed


7. A husband or parent residing in thEs !
State, may hold, as q homestead, real estate
not exceeding iye hundred dollars in {,
value, to be exempt from executfon or
other process for any debt contracted or
liability incurred after the first dny of
June, eighteen hundred and sixty -four.
8. But no&reaI estate, e,shaIl- be sxetnnt as
aforesaid unless it is set forth in the con-
Veyance by which the title is acquired, or
in the will devisiug the same, that it is.
intended to be held as homestead by the,
person whom it is thereby conveyed or
deVlsedi or unless, after the title is ac-
quired, such intent is declared by writing,
signed and acknowledged for record by the,
owner, aud duly admitted to record in the,
county wherein the real estate is situated
And such txemptions unless by devise,
shall take effect only from the time the
deed or writing setting forth or declaring
the intent aforesaid is duly admitted to
record in the-proper county. 500.


8. The acquisition of II new estate of
homestead, or the removal from this State
Of the person who acquired the right of
homestead, unless his wife or minor chill
dren or some one or more ofthem continue
to reside within the State, shall operate TO
defeat any right of homestead previously
acquired.


10. Noinstrumento OF writing shall effect
or impair any right of homestead in real
estate, unless it.be signed and acknowlede.
ed by the wife of the owner, if he have
one, in the manner in which she may re
lease her dover in real estate, and be duly
admitted"to record in the proper county
both as to such owner and his wife. But
any deed or other instrument of writing
shall nevertheless have the same effect IL
would have had tsfthis act had not been
passed, as to any title or interest in real
estate beyond the right of homestead ex-
isttng th&Esiei JEIt,;


II. Upon the death of any person en-
titled to right of homestead, the right
shall continue for the benefit of his widow
and minor children, or such of them as
survive him, as follows, tbattis t6 s6JSss For
the widow until her death or marriage,
and for every such,child until he Vrlshe ar
rives at the age of twenty-one years or
dies; and when the widow dies or marrles
ag6int ora child dies or arrives at the age of
twenty one, their right shall pass to the
others oelother of lhamIaB long as there is
any one entitled TO right of homestead
on the ptemiSes.h BdtEater the death of