said superior court for trial at the next term thereof as other civil actions, and such issue joined shall have precedence over all other issues at such term. And the sheriff shall not sell the excess until after the determination of said action: Provided, that the ten days and six months respectively shall begin to run from the date of the filing of the return of the valuation and allotment of the appraisers or assessors by the officer with the clerk of the superior court of the county from whence the execution issued. Code, s. 519; 1887, c. 272, s. 2; 1883, c. 357. 700. When increase demanded; what jury shall find; commissioners appointed by court; report. When an increase of the exemption or an allotment in property other than that set apart shall be demanded, the party demanding shall in his exceptions specify the property from which the increase or re-allotment is to be had. If the appraisal or assessment shall be reduced, the jury shall assess the value of the property embraced therein; if increased, the value of the property specified in the objections from which the increase is demanded shall also be assessed; but if the allotment shall be made in property other than that first set apart, the jury shall assess the value of the property so allotted. The court shall appoint three disinterested commissioners to lay off and set apart the homestead and personal property exemption in accordance with the verdict of the jury and the judgment of the court, and in the manner prescribed by law. The commissioners, who shall be summoned by the sheriff, shall meet upon the premises and after being sworn by the sheriff or a justice of the peace to faithfully perform the duties of appraisers or assessors (as the case may be) in allotting and laying off the homestead or personal property exemption, or both (as the case may be), in accordance with the verdict and judgment aforesaid, allot and lay off the same and file their report to the next term of the court, when the same shall be heard by the court upon exceptions thereto. 1885, c. 347. 701. Undertaking of objector. The creditor, debtor, or claimant objecting to the allotment made by the appraisers or assessors (as the case may be) under execution or petition, shall file with the clerk of the superior court an undertaking in the sum of one hundred dollars for the payment to the adverse party of such costs as shall be adjudged against him. Code, s. 522. 702. Set aside for fraud, complicity or irregularity. Any appraisal or allotment by appraisers or assessors, hereinbefore pro vided, may be set aside for fraud, complicity or other irregularity; but whenever any allotment or assessment shall be made or confirmed by the superior court at term time, as herein before provided, the said homestead shall not thereafter be set aside or again laid off by any other creditor except for increase in value. Code, s. 523. 703. Return registered; original or copy evidence. When the homestead and personal property exemption shall be decided by the court at term time the clerk of the superior court shall immediately file with the register of deeds of the county a copy of the same, which copy shall be registered as deeds are now registered by law; and in all judicial proceedings the original or a certified copy of said return may be introduced in evidence. Code, s. 524. 704. Allotted upon petition of owner. Whenever any resident of this state may desire to take the benefit of the homestead and personal property exemption as guaranteed by article ten of the constitution of this state, or by this chapter, such resident, his agent or attorney, shall apply to any justice of the peace of the county in which he resides, and said justice of the peace shall appoint as assessors three disinterested persons, qualified to act as jurors, residing in said county, who shall, on notice by order of said justice, meet at the applicant's residence, and, after taking the oath prescribed for appraisers before some officer authorized to administer an oath, lay off and allot to the applicant a homestead with metes and bounds, according to the applicant's direction, not to exceed one thousand dollars in value, and make and sign a descriptive account of the same and return it to the office of the register of deeds. Code, s. 511; 1868-9, c. 137, s. 7. 705. Advertisement of petition; time of hearing. When any person entitled to a homestead and personal property exemption shall file his or her petition before a justice of the peace to have the same laid off and set apart under the preceding sections, the said justice shall make advertisement in some newspaper published in the county, if there be one, for six successive weeks, and if there be no newspaper in the county, then at the courthouse door of the county in which the petition is filed, notifying all creditors of said applicant of the time and place, when and where the said petition will be heard; and the same shall not be heard nor any decree made in the cause in less than six months nor more than twelve months from the day of making advertisement as above required. Code, s. 515; 1868-9, c. 137, s. 11. 706. Exceptions, when allotted on petition. When the homestead or personal property exemption is made or allotted on the petition of the person entitled thereto, any creditor may, within six months from the time of said assessment or appraisal, and upon ten days' notice to the petitioner, file his objections with the register of deeds of the county in which the premises are situated, and the register of deeds shall return the same to the clerk of the superior court of said county, who shall place the same on the civil issue docket, and the same shall be tried as provided in section six hundred and ninetynine for homestead and personal property exemptions set off under execution. Code, s. 520. 707. Allotted after death of homesteader. If any person entitled to a homestead exemption die without such homestead having been set apart, his widow, if he leave no children, or his child or children under the age of twenty-one years, if he leave such, may proceed to have said homestead exemption laid off by petition, and if such widow, child or children, being entitled to a homestead exemption as aforesaid, shall have failed to have the same set apart in the manner hereinbefore provided, then and in such event, it shall be the duty in an action brought by the personal representative of such decedent to subject the realty of his testator or intestate to the payment of debts and charges of administration, of the court to appoint three disinterested freeholders to set apart to such widow, child or children entitled to a homestead exemption as aforesaid a homestead exemption under metes and bounds in the lands of such decedent, who shall under their hands and seals make return of the same to the court, which shall be registered in the same manner as is now required by law for the registration of homestead exemptions. Code, s. 514; 1893, c. 332; 1868-9, c. 137, s. 10. 708. Liability of officer failing to allot. Any officer making a levy, who shall refuse or neglect to summon and qualify appraisers as heretofore provided, or who shall fail to make due return of his proceedings, or who shall levy upon the homestead set off by said appraisers or assessors (as the case may be), except as herein provided, he and his sureties shall be liable to the owner of said homestead for all costs and damages in a civil action. Code, s. 516; 1868-9, c. 137, s. 17. Note. For additional penalty making misdemeanor, see s. 3584. 709. Forms. The following forms shall be substantially followed in proceedings under this subchapter: [No. 1.] APPRAISER'S RETURN. When the homestead is valued at less than one thousand dollars, and personal property also appraised. The undersigned having been duly summoned and sworn to act as appraisers of the homestead and personal property exemption of A. B., of Township, County, by C. D., sheriff, (or constable or deputy) of said county, do hereby make the following return: We have viewed and appraised the homestead of the said A. B., and the dwellings and buildings thereon, owned and occupied by said A. B. as a homestead, to be one thousand dollars (or any less sum) and that the entire tract, bounded by the lands of and is therefore exempted from sale under execution according to law. At the same time and place we viewed and appraised at the values annexed the following articles of personal property, selected by said A. B. (here specify the articles and their value, to be selected by the debtor or his agent), which we declare to be a fair valuation, and that the said articles are exempt under said execution. We hereby certify that we are not related by blood or marriage to the judgment debtor or the judgment creditor in this execution, and have no interest, near or remote, in the above exemptions. Given under our hands and seals, this .... day of 19.... The above return was made and subscribed in my presence, day and date above given. (Sheriff or Constable). C. D. [No. 2.] Petition for homestead before a justice of the peace. In the matter of A. B. Before J. P. . County. A. B. respectfully shows that he (she or they, as the case may be) is (or are) entitled to a homestead exempt from execution in certain real estate in said County, and bounded and described as follows: (Here describe the property). The true value of which he (she or they, as the case may be) believes to be one thousand dollars, including the dwelling and buildings thereon. He (she or they) further shows that he (she or they, as the case may be) is (or are) entitled to a personal property exemption from execution, to the value of (here state the value) consisting of the following property: (Here specify.) He (she or they, as the case may be) therefore prays your worship to appoint three disinterested persons qualified to act as jurors, as assessors, to view the premises, allot and set apart to your petitioner his homestead and personal property exemption, and report according to law. [No. 3.] Form for appraisal of personal property exemption. The undersigned having been duly summoned and sworn to act as appraisers (or other officer) of said county, do hereby make and subscribe the following return: We viewed and appraised at the values annexed the following articles of personal property selected by the said A. B., to-wit:.. which we declare to be a fair valuation, and that said articles are exempt under said execution. We hereby certify, each for himself, that we are not related by blood or marriage to the judgment debtor or judgment creditor in this execution, and have no interest, near or remote, in the above exemptions. Given under our hands and seals, this......day of.. O. K. L. M. R. S. 19.... (L. S.) (L. S.) (L. S.) The above return was made and subscribed in my presence, day and date above given. (Sheriff or Constable). C. D. [No. 4.] Certificate of qualification to be endorsed on return by sheriff. The within named B. F., G. H. and J. R. were summoned and qualified according to law, as appraisers of the A. B., under an execution in favor of X. Y., this exemption of the said day of 19. ... C. D. (Sheriff). 710. This chapter applicable to. The provisions of this chapter on civil procedure are applicable to special proceedings, except as otherwise provided. Code, s. 278. Note. See s. 348. 711. How commenced. When special proceedings are had against adverse parties, they shall be commenced as is prescribed for civil actions. Code, s. 287; 1868-9, c. 93, s. 4. 712. Summons in; what to contain. The summons in special. proceedings shall command the officer to summon the defendant to appear at the office of the clerk of the superior court on a day |