Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-05-15
AN ACT TO EXEMPT FROM EXECUTION
PRoCESS CERTAIN ARTICLES OF PER-
SONAL PROPERTY,

BE i, enacted by the Senate and House o,
Representatives Of The State of Dela,pare n
General assembly met.
SECTION 1. That every person residing with.
IN inns State shall have exempt from execution
or attachment process the following articles nj
personal property TO wit: The family bible,
school books, and family library pictures, a seal
OF pew IN church or place of public Worship,
a lot III any burial ground, all The wearing an.
parel of the debtor and his family; and i'm adj
uitioh TO Tho articles hereinbef0re specifically
named shall have exempt the Tools indictments
ana fixtures necessary for carrying on his or
her lraue OF business, not exceeding in yalue
seventy-iive dollars.
SECTION =. That every person residing with
in the State, and being the head of n family
snail have exempt from execution of attach.
hent process, IN addition TO the exemption
made IN the first section of this act, other per-
sohal property not exceeding in value f,po hmm
area do1d'%, the articles TO be selected by the
debtor. ~ ''''
SECTION y. That The property exempt and
required to be valued by iIe provisions of tbis
act, shall be valued by three judicious had inn
paitla lfeelolders; ono oi said freehoders shall
DC chosen by the creditor having the oldest ex-
eeiitioii in the hands of the officer making the
SAFE; one Other Of said ffceholders shall be
CHOSEN ny ihe debtor, and the other of said
lr.eholuers shall be chosen by tho officer: and
in ease the creditor and debtor, or either of
ihen, shall neglect or refuse to name q free
holder, IL shall be the duty of the ,fiicer TO
choose for the person neglccting or refusing,
ana to give notice to the frcchol,ers thus
chosen, IN writing, under his hand, fixing the
time ami place in said notice they will be no.
qired to meet.
SECTION 4. 1t shall be the duty of the free.
holders, upon the receipt of the notice and the
tender OF tie fec hereinafter named, for sor-
vices IN making the valuation to meet at the
Time and place mentioned in the notice, and
before proceeding to mako the valuation of
property exempt under this act and requiring
valuation thereof, shall take the following oath
or aihrmatlon, 10 witt Ito solemnly swear or
aliirm Gas the case may bc) that will apprase
Inc property OF A. II. exempt from execution
or attachment process under and by virtue of
tha laws OF this State, at its value In money
and that will true schedule make TO the best
OF my knowledge and UNDERSTANDING; and shall
Then proceed to value the property designated
AMI set apart by the debtor, and to make two
schedules, distinctly stating tho respective
articles and the value thereof, with certificate
certifying that the article mentioned in said
schedule have been appraised at their true
value IN money anu We're designated and set
apart by the debtor aud claimed by him or her
as exempt from execution or attachment pro-
cess. Such certificate shall be signed by the
freeholicls or majority ofihcm. The articles
mentioned hy name in section / of this act
shall not be valued or included in said sche-
due
SECTION g. Any freebooter chosen as afore-
said, and due notice given, who shall neglect or
refuse to perform the duties required by this
act, shall forfeit and pay fine of five dollars 10
th, ohrer serving tho notices, for the use OF
tile county wherein the fieehollcrs reside AMI
10 be by such officer paid to the County Trea-
s'irnI; and il the freebooter torfeting as afore.
said shall refuse or neglect to pay said fine fol-
i've days, i shall be the duty Of the officer afore
SAID 10 collect said fine and all proper costs
thereon by levy and sale of the goods and chat.
Ties OF the freebooter so forfeiting. The costs
oil levy ana sale shall be the same as Is provd
Ell ny law Tor the levy and sale of proper /,
made by collector of county taxes.
SEcrloI q. The fees for the service of the
techoliers in making the valuation required
H'y this act shall be the same as are allowed b,
saw TO referees before Justices of the peace, ant
ihe Tees to the Office serving the notices shall b,
The same as are allowed by law for summonin!
referees before justices of the peace, and shall
form a part Of the costs of the case upon whicl
The officer is proceeding To make the sale.
SECTION Z. The officer making the sale an,
serving the notices required shall have auLhorit,
DO administer the oath required by this act, an,
it Is hereby made the duty of such officer.
SECTION s. Nothing in this act shall appl
TO debts created or contracts entered into prio
to the passage ofihis act, and nothing herei
contained shall be construed as exemptng an
personal property from taxation, or sale fo
taxes, under the laws of this State.
SECTION 0. That any husband and wifi
Jointly, may make any waiver of the provision
OF this act.
SECTION 10. All acts OF parts of acls incou
slstent with this act be and the same are hert
by repealed.
Passed at Dover, April 10, 1873.