The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-05-19
Homesteads and Exemptions-How win it
Operate?

The following il the law of fhe new Constitution
on the subject of homesteads and exemptions. We
copy the entire Article from the Constitution
ARTICLE x.
Sec l. The personal property Of any resident Of
this State to the value of five hundred dollars to be
selected by such residents shall be and is hereby
| empted from sale under execution, other final
process OF any court issued for the collection of
| debt.
Sec. 2. Every Homestead and the dwelling and
building used Herewith, not exceeding in value
one thousand dollars to be selected by the owner
thereof in lieu thereof the option of the owner,
any lot In the city, town village with the dwelling
and buildings used thereon, owned and occupied by
any resident OF this State and not exceeding the value
OF one thousand dollars shall be exempted from sale
under execution or other final process obtained on
any debt But no property shall be exempt from sale
for the taxes or for payment of obligations contract
ed for the purchase of said premises.
Sec =. The Homestead after the death of the owner
thereof, shall be exempt from the payment of any
debt during the minority of his children any one
Of them.
Sec. f. The provisions of sections one and two of
this article shall not be construed to prevent
laborers lien for work done and performed for the
person claiming such exemption, mechanic slien
for work done on the premises
Sec. 5. If the owner of Homestead die leaving q
widow but children the shall be exempt from
the debts OF her husband, and the rents and profits
thereof shall inure to her benefit during her widow
hood unless she be the owner of Homestead in her
own right
Sec. e. The real and personal property of any fe-
male in this State acquired before marriage, and all
property real and personal, to which she may after
marriage become III any manner entitled, shall be and
remain the sole and separate estate and property of
such female and shall not be liable to any debts OBJ
legations engagements of her husband, and may be
devised or bequeathed, and with the written
of her husband, conveyed by her as if she were
married.
Sec 7. The husband may insure his own life for
the sole and benefit of his wife and children and
in of the death of the husband the amount thus
insured shall be paid over to the wife and children,
or the guardian If under age, for her or their
use, free from all the claims Of the representatives of
the husband, or any Of his creditors.
See. 8. Nothing contained in the foregoing sections
of this Article shall operate to prevent the of
a Homestead from disposing of the same by deed but
no deed made by the owner of Homestead shall be
valid without the voluntary signature and assent of
his wife, sgnifed on her private examination accor
ding to law.
Some have advanced the opinion that this provi-
sion of the Constitution will operate RETROSPECT
lively and prevent the sale of the homestead for debts
contracted previous the adoption of the Constitu
ton. That cannot be So for then it would partake
of the nature of post acto law, which the Con-
stitution of the United States forbds. We presume
that before creditors will submit to its retrospective
action, they will stand lawsuits.
But there is doubt about the law being prospec-
tlye and that hereafter SOU worth OF personal pro-
perty and 81 600 worth of real estate is exempted
from sale under execution, except for taxes the pur
chase money Of said property, or for work done by
mechanics the premises. Besides this, all the
property of any female, acquired before marriage is
exempt from sale for her husbands debts.
How will this exemption operate? In the first
place it must enforce cash business in almost every
business transaction. There many men of small
means whose notes and promises good, and they
could obtain credit, because the creditor knew the
amount could be collected by law; but not now
when one man trusts another Le rally snley On
the debtors honor and honesty unless the debtor
get wealthy man to 60 his security.
In the second place, it must cause public officers
Tor those elected to public ofhce) good deal of in
convenience about giving and taking Bonds for the
faithful performance Of duty. All will agree that
the officer who handles public money ought to give
good bond SO that if he proves dishonest and
steals the peoples money it may be collected from
his securities Will not the giving of such bonds be
a hard matter hereafter.
We have attempted no argument against exemp
tons but merely call attention to the subject. We
hope better skilled than are in the K
pounding of law will give their views the
emption Article of the Constitution.