The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1868-11-13
ExEMPTION LAW.

ment in our country, was never more
fully attested. than by the abolition of
imprisonment for debt. 1t was a change
in the great body of our Jurisprudence,
which, at the time, was regarded as an
extremely hazardous experiment. and it
is curious now to reconsider, in the light
of thirty years experience. the argu-
ments then employed against it. Time
/ has not only satisfied US with the JUS
tice of the change, but it has provet.
! that il was the commencement of great
reform. The poor and honest debtor,
/ and the man who b. misfortune in bust
ness loses his property. and becomes
hopelessly involved, in our age is re
garded with charity and cOmmiseration'
! rather than distrust or suspicion A
generous but well guarded bankrupt
/ law offers them relief from embarrass-
ment, and opens their way tor return to
! active life. They cannot be cast into
/ prison, at the will of merciless creditors,
/ or deprived OF such needed comfort for
Z themselves or their families as their
condition in lie requires 1t was in tins
spirit O. enlarged benevoienc- that, one
/ 10y one, our Legislatures. not many years
ago, began TO adopt laws eNempting
certain portions of q debtors estate from
execution. At FIRST these allowances
were confined to tools, beds, and few
creature comforts, but year by year the
law grew less stringent. uutd Elaly ID
exempted Lumcsteads, libraries, family
relics, and very many articles which did
not enter into the necessities Of life.
I That is the condition in which we find
IL in many of the States of the Union,
and we confess we have no fault To find
with it's libeEality. As a counterpaise
to the effects of this legislation, mer-
chants have been more careful in
making accounts, and the community
has been more honestly inclined in OBJ
tanning credit. The law has worked
well in its general operations, and the
relief il afforded has been seldom abused.
la new countries like ours, the reasons
for liberal exemptions are more numer-
Gus than in countries where society is
settled and the means of livelihood dis
tri5uted through a greater variety of
pursuits. 1t is almost an exception 10 ia
general rule. so frequent are the misfor-
tunes of emigrants to this country. for ?
family to arrive and settle in the Terri
iory without experiencing some III for
tune which calls for sympathy and assist
ance This class, more than any other,
are favored by the exemption law, and
for them, we cannot but regard the law
OF the Bannack Legislature as much
better than the one included in the Gals
ifornia code, passed at the last session.
A homestead, however humble, is of
more value to poor debtor with fam
lily than any other species of property.
Add to. or take from this, whatever you
please. so that you leave it supplied
with needful furniture, the family is set-
tied, and ordinary industry will keep
them from want. This is is not so Ger
tain If they are driven from home. Rents
are enormously high, buildings scarce, I
and the credit of one involved in debt |
and thrown upon his own resources, I
necessarily impaired. We think the /
adoption of the California exemption 1
law, in the main, retrogression. II
some of the allowances made by il, 4
many of which are never owned by the I
class most benefited by the law, could |
be abrogated for a house of equal value, |
it would better subserve the object of its /
adoption. We have less fault to find |
with the liberality of the law than it's
discriminations-inde if the one fea- /
ture OF the homestead were restored, /
the rest might properly remain as il is. \
So long as creditors are well protected /
against fraud by attachment and |
Injunction laws, there is no rea~ /
son why we should not have a
generous exemption law. These, |
upon the conditions of their al (
lowance are sufficient to thwart the de-
signs of dishonest and fraudulent debt
ors. We must depend upon them, let I
the exemption law be what it may, and /
the little which that secures to family, /
if distributed, as is generally the case,
among numerous creditors, would not /
go far towards the settlement of numer-
Gus debts. This subject is deserving of
the careful attention and discrimination
of the next Legislature. 1t is duty
they owe to the people of the Territory.
If they will carefully consider the scat
tered condition of our population. their
necessities, their probable destitution if
of their homesteads, the de-
pendence of their families, sure we are
that they will restore, even though they