Chap. 92.—JOINT RESOLUTION to Suspend Sale of Property Claimed
as Exempt under Homestead Provision of the Constitution until Ques-
tion of Constitutionality is Decided by the Court of Appeals.

Approved February 13, 1872.

Whereas, judges of different courts have ruled differently as
to the constitutionality of article eleven of the constitution of
Virginia in reference to homestead and other exemptions; and
whereas, in some counties of the state debtors are deprived of
the benefit of its provisions and in other counties they are al-
lowed to avail themselves of the same, and hold exempt from
levy, seizure, garnisheeing, or sale, for all debts, without regard
to their date, property to the value of not exceeding two thou-
sand dollars, in addition to the articles exempt from levy or
distress at the time of the ratification of said constitution ;
and whereas, no decision has yet been rendered by the supreme
tribunal of the state upon the question of the constitutionality
of said article as to debts contracted prior to said ratification,
and thereby settling the law, removing all doubts, and creating.
uniformity in its operations :

1. Resolved by the general assembly, That until such deci-
sion is had, and the subject fully adjudicated by the court of
appeals, no sale shall be made of any property, real or personal,
under any decree, execution or other legal process, for any
debt, except such as are exempted from the operation of said
article eleventh, which the owner thereof claims in the manner
prescribed by law to be exempt under the provisions of said
article to the extent of two thousand dollars in addition to the
articles exempt from levy or distress at the time of the said
ratification.

2. Resolved, That the property so claimed shall be restored

¢- to and remain in the possession of the debtor; but before the
debtor shall be entitled to the provisions of these sections, he

shall execute a bond, with good and sufficient security, payable
to the creditor, in a penalty equal to the amount of the pro-
perty levied on, distrained or garnisheed, conditioned to have
the same forthcoming in case the said article shall be declared
unconstitutional by the said court of appeals. The value of
the property aforesaid shall be ascertained by three disinter-
ested freeholders, one to be selected by the creditor, one by the
debtor, and the two so selected to call in the third appraiser.