The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-15
From the Neso Orleans Picayine.

The Legislatures of New York and Ohio have
followed the current Of liberal opinions in this day,
in favor of legal provisions to keep households to-
gether, by securing permanent household TO fami-
hes, secure against the fluctuations of trade, and
the faults misfortunes of the husband and father.
The New York act which is the latest passed, is a
good example of this sort of Legislation, and the
demand Will doubtless be pressed every where
until the principle becomes universal, we give a
summary of its leading provisions.
After the first Of January next, the law exempts
from execution and sale for debt, in addition. TO
other property now exempt by law, the lot and
building thereon, occupied as a residence by the
debtor and his family, To the value of one thousand
dollars. The exemption is 10 continue after the
death Of such householder, for the benefit Of the
widow and family, while in their occupancy, until
the youngest child becomes twenty one years of
age, and until the death of the widow. No release
or waiver Of exemption is TO be valid unless the
same shall be in writing subscribed by such house
holder, and acknowledged in the same manner as
conveyances of real estate by law required TO
be acknowledged.
To entitle property to be held in exemption, IL
must be inserted in the conveyance that IL is de-
signed to be held homestead under the act, and
must be recorded in a special name.
When an execution is taken out against a house
holder, where the homestead is Of greater value
than one thousand dollars, the sheriff, where the
property is dvisible, may summon o jury and act
of portion, including the dwelling, equal in value
70 that amount, and sell the remainder. Where IL
lie not divisible, he may have the whole valued,
WIN HDCTly OF FtOcmpuOn NJ the hsstb6tu Nhiueg
lees the one thousand dollars-or, If sold, the
debtor is entitled 20 receive back that amount out
OF the proceeds Of the SALE and retain il until
invested as a homestead, but not longer than one
year.
Some of the details of this act might be improved,
for the main object; but the general principle that
family shall be kept together by the reservation
Of a home Of reasonable value free from execution
for debt, is founded enlightened principles, will
be productive Of happy results, and is destined to
become fixed part Of the social system in our own
country.
The main objections TO il are It's influence upon
the relations Of debtor and creditor. The law
should, Of course, and in New York believe Il
does provide against any Retrospective character.
All aliens existing upon real estate continue, not
withdrawing the change OF the law. There will
be, we suppose, some Inconvenience in the change;
and probably for while, until the law Is fully un.
derstood and the system Of trade has adapted it.
self thereto, Misrepresentation will sometimes lead
70 actual injustice. II will be some time before
u IL universally borne in mind, in dealing with
heads Of families that their apparent means not
always available 10 the creditor and that they
70 be trusted more from their personal qualities Of
industry and integrity, than from their actual pos
session Of an unencumbered tenement. But, in
our judgment, the ultimate effect, in making credit
more discriminating, IL one Of the advantages
which The homestead exemption promises. Instead
Of enabling men 10 add 10 their debts and dcfraud
their creditors, az many suppose, IL will have a
wholesome influence In checking the extension Of
credit, and making II turn more upon n knowledge
aud approval Of the individual than upon his abb
ity 10 respond 20 coercion.
The positive value Of such provision, for house.
bold protection, is incalculsblc IL will encourage
thrift, promote industry, give fixed habits, and
courage the growth 81 those domestic tastes which
The safeguards Of private happiness and tho
supporters Of all public virtue IL will give new
strength 10 that attachment for the soil which is
the strongest element 81 patriotism, and multiply
Infinitely all tho Inducements and opportunities
ior the training Of the young, under afiectionate
and unceasing guardianship, 70 the best discharge
u their duties 70 their country and their fellows.
The permanent good of such system Of fired
lsomcs far cutweighs The temporary evils which
The change Of system might cause, and we hope 10
Sc u tn law ~ the land every where.