Chap. 546.—An ACT to amend and re-enact sections 3630 and 3636 of the Code
of Virginia.

Approved January 1, 1904.

1. Be it enacted by the general assembly of Virginia, That sections
thirty-six hundred and thirty and. thirty-six hundred and thirty-six of
the Code of Virginia be amended and re-enacted so as to read as follows:

§ 3630. Exemption to householder from liability for his debts of pro-
perty of the value of two thousand dollars; in what cases not allowed.—
Every householder or head of a family residing in this State shall be en-
titled, in addition to the property or estate which he is entitled to hold
exempt from levy, distress, or garnishment under sections thirty-six hun-
dred: and fifty, thirty-six hundred and fifty-one, and thirty-six hundred
and fifty-two, to hold exempt from levy, seizure, garnishment, or sale
under any execution, order, or process issued on any demand for a debt
or liability on contract hereafter contracted, his real and personal pro-
perty, or either, to be selected by him, including money and debts due
him, to the value of not exceeding two thousand dollars: provided, that
such exemption shall not extend to any execution order or other process
issued on any demand in the following cases:

First. For the purchase price of said property or any part thereof. If
the property purchased and not paid for be exchanged for or converted
into other property by the debtor, such last named property shall not be
exempted from the payment of such unpaid purchase money under the
provisions of this section.

Second. For services rendered by a laboring person or mechanic.

Third. For liabilities incurred by any public officer or officer of a
court, or any fiduciary, or any attorney at law for money collected.

Fourth. For a lawful claim for any taxes, levies, or assessments ac-
cruing after the first day of June, eighteen hundred and sixty-six.

Fifth. For rent.

Sixth. For the legal or taxable fees of any public officer or officer of a
court.

Seventh. Said exemption shall not be claimed or held in a shifting
stock of merchandise, or in any property the conveyance of which by the
homestead claimant has been set aside on the ground of fraud or want of
consideration.

But this act shall not invalidate any homestead exemption heretofore
claimed under the provisions of the former Constitution, or impair in
any manner the right of any householder or head of a family existing at
the time that the present Constitution went into effect, to select the ex-
emption, or any part thereof, to which he was entitled under the former
Constitution: provided, that such right, if hereafter exercised, be not in
conflict with the exemption set forth in sections one hundred and ninety
and one hundred and ninety-one of the present Constitution.

But no person who has selected and received the full exemption al-
lowed by the former Constitution shall be entitled to select an additional
exemption under the present Constitution; and no person who has se-
lected and received part of the exemption allowed by the former Con-
stitution shall be entitled to select an additional exemption beyond the
difference between the value of such part and a total valuation of two
thousand dollars,

§ 3636. If not set apart by kinadhaliler in his lifetime, how widow
and minor children may have it done.—If no real estate or not so much
as the householder may have been entitled to set apart has been so set
apart by him in his lifetime, upon his death his widow and minor chil-
dren, or such of them as there may be, on petition to the circuit court
of the county or to any city court of the city wherein his real estate or
the greater part thereof is, may have so much thereof set apart by com-
missioners appointed by the court as the said householder might have set
apart in his lifetime, to be held by them as it would have been under the
pteceding section if it had been so set apart.

2. This act shall be in force on and after February first, nineteen hun-
dred and four.