Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-08-16
CROWN. Crops III Virginia und er the
..--.--.-. = Bankrupt Law.

The Bankrupt sot having excepted from
transfer to the Assignee in. Bankruptcy the
necessary household and kitchen furniture, and
such other articles and necessaries Of the bank
rupt as the Assignee shall designate and set
apart, not exceeding in value five hundred dol.
lars also wearing apparel of himself, wife and
children; uniform. arms and equipments OF
soldiers then adds land such other proper
,y not included in the foregoing exceptions as
is exempted from levy and sale upon execution
or other process or order Of any Court by the
laws of the State in which the bankrupt has
his domcile at the time OF the mmencement
of the proceedingsin bankruptcy,to an amount
not exceeding that allowed by such State. ex.
cmrtion laws-in force ia the year 1864. ,;...;
Numerous decisions under. the bankrupt act
concur in declaring that its recognition. OF: the
exemption laws Of each State, es they existed
in 1864 Is equivalent to re enactment OF sucn
laws as applicable to proceedings In bankrupt
cr 1t IS well known that the u. s. Dis
trct Court OF Virginia has been and is very libe-
ri! in its allowances orexcmptionS to bankrupts,
but the exemntons under the law of this State
as they stood in 1864 arc small as compared
with c,ter States Our Legislature in 1867 en-
Iarycd the exemption list essentially, but un-
fortunately the bankrupt act does not recog=
nize the State law as it stood 10 1866 Z, but as
it stood in 1861; Consequently our Homestead
law does not in terms come within the exempi
lions OF the bankrupt law; and even if it did,
inasmuch as our State Courts arc uniformly
declaring the homestead. law unconstitutional
as 10 past debts. the prospect OF relief through
the Homestead provision is not nattcring. One
mcaus of compensation for the loss Of this ex
pccted relief yet remains which has been quite
overlooked. The code OF this State 1860. p
oS6 cnacts ''No growing crop Of any kind
(not severely shall be liable 10 distress or levy
except Indian corn, which may be taken at any
time after the 18th day of October in any
year. .''
Before severance from the land growing
crop is as completely protected by this law
irom levy and distress in, behalf OF its owner,
as is The bed and bedding of housekeeper-
After severance it Is not so protected. COuse-
uucnt!y If, before severance, the owner goes
INTO bankruptcy, his growing crop at that time
passes under the protection of exempt property
under The bankrupt law. ........ ...-..
Its situation at that precise time, fixes Its
legal condition Tor all future time. lt exempt
then, it is always exempt. So the bankrupt
act un1uestionably regards il, since it provides
(Sec. 14l that the judicial conveyance which
passes the bankrupts property over to the as
sisnce 'shall relate back TO the commencement
of proceedings in bankruptcy, apd therefore b7
operation of law the title to all such property
and estate (of the bankrupt) shall vest in said
assignee, provided, there shall be excepted
from the operation Of the provisions OF this
section the exemptions stated at the head OF
this article, and provided, that the foregoing
exception shall operate as Il Limitation upon
the conveyance of the hankrupt's property to
his assigDees, and in no case shall the property
hereby excepted pass to the asslgnees or the
title of the bankrupt thereto be impaired or
affected by any of the provisions OF this act.
In other words, the legal condition OF the
property attaches at the commencement OF the
bankrupt proceedings property then not ex'
empt passes to the assignee; property then ex
cmpt does not pass to the assignee, but remains
in the bankrupt Accordingly it has been de-
cided, in re. Iambright ,. B. r., p.El57.
The bankrupt act secures to the bankrupt
certain parts of his estate, which are set oil to
him free from tho claims Of creditors Ot
these he in fact becomes the purchaser, the
consideration for the purchase being the sur
render OF all his estate and tho sanction for his
title being in the supreme law Of the land. -
The legal character of growing crops as an
exempt class. being once impressed and fixed
by the paramount authority Of the bankrupt
act, and that law expressly declaring that I'm
no case shall the property hereby excepted
pass to the assignces, or the title OF the bank
lupt thereto be impaired or effected By any of
pTOEiSlObS vi tHlS aC', IL WOuiu pti llioSCh' dnu
without warrant of law to hold that the bank
rupt's title TO his growing ertps,' as an cX-
empt, is afterwards diVcsted. or the property
itself made general assets ty the mere natural
circumstance that the crop has fully grown
or by the act Of severance from the land by the
bankrupt. Such construction would fly in the
face OF the above law, which expressly declares
that tho bankrnpt's title to exempted proper
ty shall rot be impaired or affected by any OF
the provisions of the bankrupt act This class
of property is the bankrupt's own, as absolute
Iy,lor all purposcs,as any other mans property
can be his. Moreover, it is property justified
ky the highest law of the land.
Ii these conclusions are correct, parties con
tcmplatiug bankruptcy cannot tall to see the
vast difference it makes in their fnaneal con-
dltion as tankrupls, whether they commerce
proceedings in bankruptcy while they have
growing crops or after their crops are gro1cn
and severed or after October 5sh.
CHARLES WHlTTLEsEY.
Alexandria, Va, August IS, 1870.
y hrachinp X said IN be n Partisan trade