CHAPTER 637

An Act to amend and reenact §§ 84-5, 84-26 and 84-27 of the Code of
Virginia, relating to homestead and certain other exemptions so as to
increase the amount thereof.

[H 578]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:
1. That §§ 34-5, 34-26 and 34-27 of the Code of Virginia be amended
and reenacted as follows:

§ 34-5. Such exemption shall not extend to any execution order or
other process issued on any demand in the following cases:

(1) For the purchase price of such 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 the preceding section. ,

(2) For services rendered by a laboring person or mechanic.

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

(4) For a lawful claim for any taxes, levies or assessments.

(5) For rent.

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

(7) Such exemption shall not be claimed or held in a shifting stock
of merchandise or in any property the conveyance of which by the home-
stead claimant has been set aside on the ground of fraud or want of con-
sideration. A stock of merchandise shall be considered a shifting stock
within the meaning of this paragraph after an assignment by the owner
thereof for the benefit of creditors and after a voluntary or involuntary
adjudication in bankruptcy.

§ 34-26. In addition to the estate, not exceeding in value two thou-
sand dollars, which every householder residing in this State shall be
entitled to hold exempt, as provided in Chapter 2 of this title, he shall
also be entitled to hold exempt from levy or distress the following articles
or so much or so many thereof as he may have, to be selected by him or
his agents: .

(1) The family Bible.

(2) Family pictures, school books and library for the use of the
family, not exceeding in all one hundred dollars in value.

(3) A lot in a burial ground.

(4) All necessary wearing apparel of the debtor and his family; all
beds, bedsteads and bedding necessary for the use of such family; two
dressers or two dressing tables, wardrobes, chifforobes or chests of draw-
ers or a dresser and a dressing table; carpets, rugs, linoleum or other floor
covering not exceeding * one hundred dollars in value; and all stoves and
appendages put up and kept for the use of the family not exceeding three.

(5) All cats, dogs, birds, squirrels, rabbits and other pets not kept
or raised for sale; one cow and her calf until one year old, one horse, six
chairs, six plates, one table, * twelve knives, * twelve forks, * two dozen
spoons, * twelve dishes, or if the family consists of more than * twelve,
then a plate, knife, fork and two spoons, and a dish for each member
thereof; two basins, one pot, one oven, six pieces of wooden or earthen-
ware; one dining room table, one buffet, china press, one ice box of any
construction, provided the value thereof is not more than * one hundred
fifty dollars, one washing machine, one loom and its appurtenances, one
kitchen safe or one kitchen cabinet or press, one spinning wheel, one pair
of cards, one axe and provisions other than those hereinafter set out of
the value of twenty-five dollars; two hoes; fifty bushels of shelled corn, or,
in lieu thereof, twenty-five bushels or rye or buckwheat; five bushels of
wheat, or one barrel of flour; twenty bushels of potatoes, two hundred
pounds of bacon or pork, three hogs, fowls not exceeding in value ten
dollars, all canned goods, canned fruits, preserved fruits or home-prepared
food put up and prepared for use and consumption of the family, ten dol-
lars in value of forage or hay, one cooking stove and utensils for cooking
therewith, one sewing machine, and in case of a mechanic, the tools and
utensils of his trade, not exceeding * two hundred dollars in value, and in
case of an oysterman or fisherman his boat and tackle, not exceeding * five
hundred dollars in value; if the boat and tackle exceed * five hundred dol-
lars in value the same shall be sold, and out of the proceeds the oysterman
or fisherman shall first receive * five hundred dollars in lieu of such boat
and tackle.

§ 34-27. If the householder be at the time actually engaged in the
994 ACTS OF ASSEMBLY [VA., 1956

business of agriculture, there shall also be exempt from such levy or
distress, while he is so engaged, to be selected by him or his agent, the
following articles, or so many thereof as he may have, to-wit: one yoke of
oxen or a pair of horses or mules in lieu thereof unless he selects or has
selected a horse or mule under the preceding section, in which case he
shall be entitled to select under this section only one, with the necessary

earing, one wagon or cart, one tractor, not exceeding in value five hun-

red dollars, two plows, one drag, one harvest cradle, one pitchfork, one
rake, two iron wedges and fertilizer and fertilizer material not exceeding
in value * four hundred dollars.