Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-11-03
IMPORTANT ~ DANKRUPTs.
,9xomptlon 60 10 Made for
8u6O1otO0Ooe

The following opinion Of ths unitse
States District Judge in Elisabeth City, Il.
O., with reference to the setting apart q
real estate BY On assignee to BANKRUPT I"
Of interest 70 persons applying for relief
under he Bankrupt act:
~ have exaoissd With care the authority
cited By tie counsel rspressr ting the cred
tiers whe except 10 the report Of the -
s;1uee. And have alss read with interest
the argument fled By the attorney for the
bankrupt. The question has .. On arisen
and gwen rise to animated Discussion in ny
p,sssncs. but 10 ssw iss shs Afst time pre-
ssntsd under the prsvisisus Of the Jaw for
dseisieo. l Am veil saaisiisd that fair and
proper eesstruetiea Of the laaguass used
in that part Of the Bankrupscy oct whish
rslaEss - exemptions, - we'll - the true
spirit and objects Of the Law, will not justi-
u Or authesixe the actien II the assignee
10 the sass. The terms ether articles and
nesessariss, - used In this act, cannot bs
70 construed @ to embrace land, without
doing violence 70 every meaning heretofore
allowed these rms.
sit 10 quite clear, l think, that II, ansng
the properly q the bankrupt, none Or no.
caough Of the article specifically mentioned
the oct 70 bo exempted Be found, then
= assignee may report - exempted other
= icl : and necesssriss' 20 make up the
,.s.slnt required, or the deficiency (as the
CT may bs), In the opioisn sfths assignss !;
The waols not 70 exceed, under any cireum-
= ,ces, the value Of ave hundred dollars.
The suggestion Of the counsel for the bank
rupt would have much weight, il it was .
mat sr o. discretion. But the court can no
sooner aws-d 40 ar .icls or kind Of property
not properly embnosd y; hic the terms
used, according to fer escstruction, than
it could exceed the cum prescribed.
1.-THE sxempuen0 provided for b the
bankruptcy act originate frsn the same
ssi'it that promptsd The enactment u OUT
lsA % alive provisions in f,vsr 81 widows Of
u, ., awarding them provisions ioI
thsi: { pcraTy support; and - that Law
IL ic's tie Commissionsr in the Lind Of
o. lee Of property be shall exempt, now il
ol,ea occurs that this all. Important purpose
Of tls Law would b defeated il under nc
Circumstances money could b sxsmp Pied u
. bankrupt. Yet, from the language Of thl
Law, II money could net b eonstrusdts os
On article o. necessary, il would b quite
Gear, think, that money could not b a.
LEVIED. Bat il 10 clear that money may b
allowed, for il net uafrsqusntly sceurs thai
money 10 quite - necessary b the tempo
rary subs. lesnce Of bankrupt and his fan
ily 20 any article that can be mentioned -
Az the widow Of an interstate upon tht
granting Of administration % presumed 4
b entirely destitute Of sUsh artisl, and
provisions - are necessary Ter her support
% the Bankruptcy act prssu0es that every
man whs hes bssn adjudged . bankrupt
has swern truly and has Surrendered oil BIZ
property and estate. Then, IL this b cor
rest, he 10 alike destitute.
"Nsw suppose the bankrupt hes been I
merchant, . banker, and has SURRENDERED ,
large estate IN 'Chosss in Actien,' and mon
y, but net having been houssksspsr (bu
from ehsiss, frem motive u economy q
othsrwiss), be and bis family. consisting o
wife and children. have been inuatss Of ,
boarding house dess not own bed, o.
. chair, or any article Of provisions, conss
quently there 10 nothing Of the kind in hi,
chsduls-sursly it could not be success
fully esntsndsd that some money would ne
BE- necessary for the temporary subsistence
ofsuch family. Under these circumstances
money may be exempted.
THE assignee must advertise the rsa
estats mentioned in hs report % sxsmpts,
and sell the same TO the highest bidder, N,
apply the proceeds - the Law directs.
Let this be certified.
&c. W. Baooxs.
~. 8. District Judge"