The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-01-06
For the Standard.
The Act in Relation to Homesteads and

Exemptions.
MEssRs. EprToRs.- Your edition of ycster-
day. containing the late Act of the General
Assembly in regard to The LAYING off of
homesteads personal exemptions. &C..
reached me last night. cannot refrain
from giving expression to nv surprise at the
character and provisions of this Act. Its
very first clause is of a very novel character,
consitler;ntf the subject matter to which the
Act relates The exemntious of personal
npronertv and of real estate are made by con-
st;tnt;onal nrov;sinn From the dav that
Constitution went into effect in North Caro-
/ lima the benefits of those exemnt,ons ac.
crppd toseverv resident IF tbe stare II he
came a vested r;gbt NOT denendent mon
onv fnt,ra oct ~ AZ o;t;yen II Aid NOT
,,n.'1 Io,s;,,,t;a,, arfaot ~ - r;,,l,t ~
soonra - 90, ros;da,t Az FIJI ond onr,,,Iota
~ ny y ~ IT. nh:os 4 a. y
C'.no.;.,,.;,, ~ S g.. .i,;s pSa,,,,,t;n,
~ 100 - 49, ntst ~ L. aa,,,;,,
-. ~. $500 a.. 10 c. ."s 60, II, ~
.ha;n D.GS sn0 Ia T. ~ l,,,arJ ,,'a Co.
AMI tba f.in,;i,, ouo ond tho 7,t;yen b;n,solf
ag,in , the res,lts IF his own carelessness
;s,ayo,,oa .;.f,,r,rnal, r. n..s in
tendod ~ sana 80 h;n, tho benef;fs which
narat,,, faras;,,,,. ,rnnid =, everr oasa Nc
vide bnt tn sn9,,lv the lack Of snch fore.
So. 49, 500 IN Iaa,rda af I'll
eli, .:.es...,. n. Era ,n.aa ~,
eyemnt;on was made which Instantly cave
m nverv res;dent . yested r;oht not 70 have
his nronertv laid off and .ecery1ed No n ho,ne.
stSod INT ta4,ave Il eye,nq,t from e,eeution
Another obirct Of the constitutional nro.
vision was to give this exemption to tho
citizen without UNNECESSARY expense. The
great defect of tbe former homestead law of
the STATE WAC that r. reonired the home
stead TO be laid off and registered before it
took effect. By this means only the very
provident enioyed its benefits, and thus far
it defeated its own aim. On account OF this
the thousands who have taken the benefit OF
the bankrupt law have been deprived OF
any State exemption OF real property, and
thousands more who would have renewed
themselves OF the burthen OF lredeemable
debt by this beneticent act, have been de
tered from doing SO 10y this very FOOLISH
provision Oh former acts. lhls Act IL IL
means ah!'hahg' eViuehtiy hieahs tiiat no
properly snaIi DE exempt from execution
unless mus iaiu OH ana registered. mus
II II. "'a u roh'cs'ea' .ai' oh anu res's-
'e'eu anu ai'er"a'us oiSPoses VI por.ion
OF al OF tne same, ne loses MS exemption
unless the property he may afterwards pur-
chase he also iald OH and registered. Again,
the personal property which IS exempted
to-day, may Tomorrow be injured by fire or
food, or entirely destroyed Of what re-
manned to him above the former allotment
he has no exemption. EXCEPT by new allot-
ment. Thus by a thousand misbaps. and
not unfreouentiy by fraud, the citizen may
be deprived of his constitutionally euaran-
teed rights.
But again, look at the expense. In order
to have homestead lie must have it al
lotted and recorded. Ifit increase in value
be must have new allotment in order to
prevent the costs of an issue of fraud IF it
decrease. he must have a new allotment in
order to have the full benefit of the exemp-
ton. Thus The question of exemptions.
simple and benefcient in ITSELF is made in,
tricate and danperous n snare for the honest
and an instrument of fraud for the dishonest
This results from an entire misapprehen-
sion of the nature of Constitutional Ex-
emption. The design and unavoidable
effect. of such exemption is not to set aside
portion n
shall thereafter be EXEMPT from. and the re-
mainder liable TO, execution, but exempt all
that man may have mp to certain
definite amount, which is to be ascertained
Whenever there is an attempt to lew cxecu-
ton. There is no necessity for rAeiss--i-ss
the exemption as it is already registered
where every citizen is bound to take note OF
it, in the Constitution OF the State. In
stead OF this cumbrous and useless formula,
which the person is compelled to gothrnugh,
before any one can be compelled to recognize
his exemption, why not save to;the people
OF the state, the poor people, the people re-
curing the exemption, the amount TO be
pald III ices unuer tlls act, useless IN results
and amounting IN the aggregate to hun
dreds OF thousands OF collars, ny adopting
the simple, direct ana eHectual pan IN
oPera1loh III most Oh the states Oh tue ohioh
winch nave constitutional exempuonsf II
cannot perhaps ne better stated than In the
words OF the missouri statute upon the
subject. Sec :, chap. LII, General Statutes:
Whenever an execution shall be levied
upon the real estate of such housekeeper, or
head of family, of which the homestead
may be part, or upon such part of the
homestead as may be in excess of the value
thereof, such housekeeper or head of
family shall have the right to designate and
choose the part to which the exemption
shall apply. not exceeding the limited
value; and upon such designation and
choice, or in case of refusal tc designate
or choose, the Sheriff levying the execution
shall appoint three disinterested appraisers
who shall, first being sworn to a faithful
discharge of their duties, fix the location
and boundaries of such homestead, and the
sheriff shall then proceed with the levy of