The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1868-10-21
IMPORTANT TO BANKRUPTs,
Spiaon ofJudgs Brooks. ia the matter Of assigning
10 Bansrupls Homestead.


AT CREnBERs... ..AT ELIzABsTH Cirr. n. c.,
September 4. l86s.--in the matter Of A. B.
Bankrupt. fEfl
By the certificate of VIM. A. Guthrie,
Registes, of the 2aih July, 1868, this ques
ton is presented: Can real estate be set
apart BY the Assignee 10 the Bankrupt. in
ease Of defeieBcy 10 other property or
effects. 10 answer the exemptions provided
lyrby iawi
hf6sse examined with care the lau,hori.
lies cited BY the Couasel representing The
creditors who except 10 the report OF the
Assignee. And 4 have also read with in
,srea the argument filed by the Attorney
Tor the Bankrupt. The question has oiien
arisen aud gwen rise TO animated discussion
IN my presence, bat is nox Tor the frs,
,ine preseHted under the provisions OF the
Lac for decision. ! am we'll satisfied that
lair aud proper construction of that Ian.
saage used IN hat part Of The Bankruptcy
at which relates 10 exemptions, a. veil as
the true spirit aud objects 81 the Law, will
hpt justify or authorize the acton OF the
Assignee IL ihr Gaze. The terms "other
articles aud necessariss." d, used 10 The act,
caaaol be 81 construed as to- embrace land
without dam. violence 10 every meaning
heretofore allowed ,hnse terms II il quite
clear, / think, ,Sthat IL smnng the property
Of the Bankrupt. none o. nnt rnougl, of the
article specifically meniieRed ia the act 10
be rIsnpira be iouhd. then the Assignee
nsy. report .as exempted other articles
aud nccrssarie>" 10 make up the amop nj
required. or tie drfc ency (as the case may
BE- ia the oplaioa ol the Assignee. The
Whole not /. exceed under sny circu,u-
saacss the valae ol Five Haadred Dollars.
Tae suggestion u the ounseI far the
Bankrupt rosld have much weight ii IL was
q matter of discretion. Bat the Court can
Ha sooner award an s,llcle or kind Of pro-
perts. not prsperIy emsrsesd within ihr
terms used according 70 fair construction,
than il could exceed the sum prescribed.
The errmptiuns provided Tor by the Bank
raplcy Act wiginated from the same spirit
tsat prompie,i the enactment of asr Legis-
lllivr provisions in lasor Of Widows OF In
Isslates, awarding thrm provisions tur their
;,rnporary suppor.; aud as that Law re.
sHicls the Commissioners in the kisd or
s,ecies OF property lie .hall exempt. Nov
il often occsrs that ,ii. al inportsnt .par.
Bu.s Of the Law would be deiested. if under
ss circumstances money cosld b eIsmp,-
ed to . Bankrupt. Yet. froa the language
Of the Law. IL money could net be e.nsirs-
sd 10 be quite clear. think. that nancy
rssld no. be allowed. Butt 10 as clear that
aoaey may be allowed. fur IL not uaf,s.
ssenily occurs that money 10 quite as ne.
tessary 10 The tsmparary subsislence Of .
sankrupt and his family a. any article that
can be mentioned. lsthe widow Of as In
tsstsis upon the granting of admisisiration
10 presumed TO be entirely destitute Of such
articles and provisions as are necessary for
Asr support. 50 the Bantruptcy Act pre-.
,umes that every man ~ho has been sd.
Judged . Bankrupt has sworn truly and ha.
surrendered ell his property aud rIsie.
Then IL this be correct he is alike destitute,
Nn~ suppose the Bankrupt has been Iner.
chant, banker, and has surrendered Z
large estaie.in Choses in Action aud mo.
sey. bui MT having been q house skeeper
-sat from choice, frvm motive of economy \
d sroiherwise.l he sna his ismily, Consisting
siswiie snd chil,rsH, have been innate,
si boarding housr--he does not ovn q
bed. ore chair, or any article of proyisions
consequently tlerelis no,hing OF TIE kind
- his sehsdule--ssraly il could not be sue
srssiolly centended that some money would
nai be necessary far the temporary subsis.
'ehee OF sach family. Un,ler these cir.
sumstances money may be exempted.
The Assignee must advertise the real es.
tate mentioned ~ bic report a. exempted
and sell .he s,me 10 tie highest bidder, an,
apply the proceeds ss the Law directs.
Let this BE crti6ed " gmgs assHid9
% CIV. BROOKS, ,ias.