New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-15
Exemptions.

Exemptions.
To ne Eater Of The Tribune:
In Part III, Chap vi, Title 3, Sec. %, OF the
Revised Statutes is contained the following pro
vision for the exemption of certain articles from
execution:
THE following property when owned by any person be-
ing house holder shs be exempt from levy and sale an
be shan continue exempt while tho family Of such per
SON or any Of them may be removing from one place Of
81 An spinning wheels. weayinglooms and stoves put
up or kept for use, In any dwelling house;
used by or In he family such person. aud books
ceecing value fly dollars which are kept and used
seat or pew occupied BY such person his family
in any house or place Of public worship.
the yarn or cloth manufactured from the same one cow
swine the necessary food for hem s pork
beef fsh four and vegetables, actually provided Tor family
use and necessary fuel for the Of the family for sixty
days ,.....,. .,n.,. ho,. n.s.,..a. and
bedding for such person and his family; and accrOu
emens required By law 10 be KEEP; by such person. ne
cessary cooking utensils one table slN chairs SIX KNIVES
and forks sx plates SIX tea cups ara sanceLs one
dish; milk pot teapot and six spoonsi one crane
s sppendsgts pair Of androns, and shovel ADJ
s. THE tools and implements of any mechanic, necessa
~ the carrying OF his trade not exceeding twenty
% I. In addinon TO Il articles exempted by law
Tor distress BY ert or levy and sale under execution there
shall be exempted from such distress, and levy and sale,
necessary household furniture and working tools and team
owued by any person being nousehoder or having tam
iy for which provides 10 the value OF not exceeding one
hundred ana my dollars provided thAt such exemption
shall extend any execution issued demand for
Or or aI PSIesG no Snsg 9r BY '
The intention of the above quoted provisions
was manifesty to prevent the distress and entire
ruin of mans home, family, peace, and his social
and personal interests in case Of embarrassment
and misfortune. The same principle has been
amplifed in the Homestead Exemption Law, Of
April 10th of last year. Turning family without
bed to sleep upon, or without chair to sit upon
into the street. is proceeding happily sought to
be prevented by our late legislation in regard to
debtors.
But this law is rendered entirely valueless and
imperative in thousands Of cases | might detail
you column after column of instances in which the
law is defed, and men with families left with
barely trunk full of clothes for themselves and
families | know one case in which a physician
had his horse sold under execution, while that
horse most clearly came under the terms and in
tent of the law. | know a case in which a man s
diploma of membership in a benevolent society
was sold under execution, with other articles,
such as his beds and bedding, table, chairs &c.
These proceedings, constantly occurring in the
Rural Districts Of our State, are based upon an
alleged Interpretation of the law by Judge JEW.
ITT to the effect that debts for articles exempted
may be collected on any exempt articles. For
instance, debt for table may be collected by
execution and sale of any other article what
ever. The law distinctly says that the ex.
emption shall not extend to any execution issued
on demand for the purchase money of such fur
niture, or tools, team, or articles now enume'
rated by law An execution TO recover the pur,
chase money OF a table will take effect upon that
table, but not upon table worth four times az
much, beside a bed and bedding, and chairs, flung
in to be sold for one fourth Of their value, to pay
the Sheriff and the Justices for heating the
poker"
AS many tases of oppressive severity are con
stantly occurring in the Country Districts, will
you lay this communication before your readers
for the information of the public, and to provoke
discussion and a clear understanding Of the law?
If Judge JEwITTs decision virtually repeals
the humane provisions of the law, as it has done
in numerous instances, will you not inform thou.
sands interested whether his decision is correct OF
otherwisel
The i'm portance of these questions to hundreds
of sufferers suggests this communication, which
otherwise would not have been submitted TO you
AUGUSTUS.