Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1868-04-04

f a. rlnr rH. iH f. Hf fir
iHh msiahi. fnH frf 30 ihaf
500 arr .N.n fUHra Iai ai r. ICES iH
knpw nhsihrI ihr amHat HI pFnH-
ruy rlsImal rs ,Eusfi .hy thr
nsnkruih auai so a.ar h1 ihr as
.irusr l. in sirirf compliance uiih
ihr Ari 0f thnguss sHi with ihe
further provisions uI rev ~ fr inns
of Texas In fnne iH the yrar l,di
AMI yen ask my general Views Dn
lhr sul',sl 80 Vunr ngn onnsilsra-
lion, ~ welt as lhsi uf sssi sucss.
la the matter of assumptions, my
npiniaH Is that ihe assignre shnu,l
Ia the arsi p,srr ioak tn tho laWs
at the state, Tho @nkrnpl i, ah-
solnlely anl Internationally, cni.i-
l,yl h. retain ile sIpcido properly
lif lee i possessed 0flhe samel mel-
,ioncl in Tie state exemptions, aHd
IL the extent and value lhen'ih pro-
videi,-Ansr setting aIsrl the spec
vide property authorized therby,
IN vase the bankrupt possesses lhc
same, the assignee should lhen rom
slider what property, In addition
lhercl0, should he exempt under ihe
provisions oI the I'm section al
tho Bankrupt Aci,-Ihls Is mat
ter which rests ia the sound dlsrre-
,ion II the assignee, Ia IL rlr him
~ determine what ''nlhrr articles
aud nccessarirs" besides ''household
and kitchen furniture" mentioned
IN this section. should leo allowed
the bankrupt, IN addition 10 what
may have been allowed him under
ihc state laws. Ia determining this,
tho condition aud circumstance II
The bankrupt, the number Of his
family, and the amount and value
of the specific property already al
lo,lcd 10 him under the state laws,
should be taken into consideration,
Ia exercising his discretion on
this subject, the assignee should
look to the policy and spirit Of the
law. lie ought to give IL liberal,
hut TOO la,itudinous construction.
IT, Tor instance, "houschuld an d
kitchen furniture" valued Mt 5000
WAS allotted to the bankrupt under
the state exemption, then il would
not seem to be reasonable that M
additional $500 worth Of the same
kind of property should be allowed
him under the act of Congress.
And yet, perhaps, an additional
amount of such property, TO the
value of $50, or even 500, might be
allowed, provided "thc family, con
di,ion and circumstances of the
bankrupt" rendered it necessary
and proper. And so it would be in
regard to any other kind Of person.
al property. The wearing apparel
of tho bankrupt, and that of his
wife and children, is absolutely en-
cmpt, without regard to its value.
The law should be construed liher-
ally for the bankrupt, but not so
liborally rs to work injustice TO his
creditors.
When the bankrupt proceeds DO
yond the state exemptions, and
claims property under the $500 OK
emption clause Of the 14th section
of the act, then tho discretion ofthe
assignee begins. Giving to this see
ton liberal but sound construction,
and looking to the condition and
circumstances of the bankrupt and
his family, &c, the assignee should
then determine whether or not the
additional exemptions claimed there
under ought to be allowed, in whole
or in part.-There may be cases in
which il might be proper for the
assignee to allow, to their full ex-
tent. the twofold exemptions pro-
vidcd for by the state laws and the
net of Congress but | think they
would be rare.
As regards the valuation fixed
upon property claimed as exempt
by the bankrupt, the assignee ought
to be satisfied that it is approximate
" correct. If not, ho should get
such valuation confirmed by the
sworn appraiscment of two respec-
table and disintercsted persons, ono
of whom should be appointed by |
himself.
Such are my general views in re-
spect to the laws concerning cXcmp- |
tons. They are given as mere sugI
gestions, and MS Furnishing an outlina
for the guidance of all parties inter-l
ested The facts and circumstances
connected with each particular case
must determine what exemptions
would be proper therein. Much
must be left to the sound discretion
of the assignccs.
l cannot be more explicit, until
my opinion is sought, upon eXcep-
tions properly taken, in accordance
with the Bankrupt Act.
II. II. DUVAL,
Y. s. Judge.
M /,I..., I'LL oo,t;c,, tb;o Opip