New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-02-26
Homestead Exemption.

There are three Homestead Exemption oi't'
before the Legislature. The authors OF the re-
spectiye bills holly press their particular plans;
and in the difference concerning details there is
danger that the session will close without the
adoption Of any one Of them.
The subject is a new one in the political his
tory Of this State, and we apprehend that con-
fusion and obscurity Of ideas prevail in regard
to it, Indeed, we fear legislation has been re-
ouested In the matter, without the careful con-
; sultation Of other plans which its Importance
demanded.
We should deeply regret failure to pass q
homestead exemption law at this session of the
Legislature The party in power is solemny
pledged to the passage of such u law, and its
action must redeem its promise or seriously dis
credit it in the future. e s
We are not unaware of the great difficulty of
framing bill to which there will not be grave
objection. So much of the condition of property
and the regulation of credit are involved, that
too careful consideration cannot be given to the
proper regulation of the details of the law
None Of the plans before the Legislature seem
to us to be free from grave criticism
Yet, the idea of homestead exemption is an
t excellent one, and, if it be judiciously en-
bodied in a law, will be of great and general
benefit It will give safe shelter under home
s$stead roofs. It will retain population in, and
invite emigration into, the State. 1t will have
a large moral influence, and make our popula-
ton permanently identified with the soil 1t
will lessen vagrancy and make the dismember-
ment Of families less frequent. 1t will give
tone of self-respect and of sociability to men;
the man who has the bond of permanent resi-
dence is under the strongest obligations to main7
tain a character, has the strongest inducements
to make, his home pleasant and respectable, the
greatest security and confidence in the future.
To make the right kind Of a law, that is the
question. To assist in answering it, we outline
our own views: Il should cover homestead
not exceeding $500 in value Where the
homestead should be worth more than this, it
should be sold for the creditors, the wife and
children being made privileged creditors (some-
what as they are in the English bankrupt law
for the $s2500, to be re-invested under the APP
probation of Court, in new homestead for
their benefit. In case of a party fleeing the
State to avoid his creditors, the homestead ex-
emption law should not apply, unless his wife
and children remained; and they should at no
time have the right Of selling or leasing for
more than one year the homestead. In case any
creditor should satisfactorily establish that the
wife and children of agdebtor held more than
$4,000 of property capable of being used for
their necessities, no homestead exemption should
apply in their behalf
The exemption of personal effects should be
limited Landholders should maintain their
present legal rights on furniture and movable
effects, with an exemption of one chair for every
4 member Of the family, cooking stove and
: necessary kitchen utensils, plates, spoons and
knives and forks, family wardrobe beds and
bedding, the value Of the exemption never to
exceed $500. Where such articles as are made
of silyer, mahogany, etc., are used, they should
be sold and replaced by cheaper articles the
difference in value passing to the Landlord as
creditor. Against all other creditors, the
value of the exemption might run to 1850, with
the same general rule as to the sale and re-
placement Of valuable articles
We merely throw these ideas out as sugges-
tons, and hope something may be found in
them to aid in maturing useful plan of
Homestead exemption