The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-03-13
THE BANKRUPT EXEMPTIONS.

US, n!nGe VA iao1 Ioaue DIS W tHt cAeiA ptto"o
m' de by the declarator3 bankrupt law recent
" passed by Congress, and which is now the
aw Of the land. We avail ourself of a re-
cent letter written by Col. R, W. Hughes
giving the laws aud the exemptions that each
secures to present the matter, as briefly as
possible, SO that every reader may understand
it. We content ourseIf with this m UGH, omit
ting the history Of the various ILLS and amend
ments as concisely stated by Col. Hughes,
for want Of space What the people want
now are tho facts as to the exemptions
All the gentlemen mentioned in the letter of
Col. Hughes, are entitled to whatever Of
praise is due for their ssrviees ia the passage
otthe bill, but none more SO than Col. Hughes
himself for the constant efforts he has made
in securing this measure Of relief, and the
clear words of the declaratoly bill, which is
the product Of his p' y, and to Hon. }. F.
Lewis for his untiriag zeal in pressing the
ball, in all svailabeand proper methods upon
the attention Of the Senate judiciary Cons-
m.tcc
Col Hughes says Congress. on the I'd
day Of March, 1867, passed the general bank
rupt law, the 18th section Of which gave to
baukrup's an exemption Of property from
sale under execution to the amount Of $500 !;
and such other exemptions in each State az
were allowed by the laws Of such State IN
force in 1861.
On the 9th Of June, 1872, Congress passed
an amendatory act, ia the following words
s.Be it enacted, &C., That the first proviso
in section Il Of au act approved March 2,
1867, entitled an act to establish uniform
system Of bankruptcy throughout the United
States be amended by striking out tue words
eighteen ham'rel and sixty 1our. and user-
ting in lieu thereof eighteen hundred aud SEP
enty one
The effect of this amendment was to make
the exemption laws Of Virginia part OF the
general bankrupt law as applied ia our State.
These exemption laws wcre-frst, the home
stead exemption law; and second, what is
called the poor mans exemption law. The
homestead exemption law il in these words
s.SEcr1NN 1. Every householder or head of
family shall be entitled, in addition to the
articles now exempt from levy or dis.rcz for
rent, to hold exempt from levy, seizure, gar
uisheeing, or sale under any execution, order,
Or other process, issued Ga any demand for
any debt heretofore or hereafter contracted,
his real and persona. property, or either, IN
Guiding mcnsy and debts due him, whether
heretofore o: hereafter acquired or contracted,
to the value of not exceeding two thousand
dollars to be aelocted by him: Provided that
such exon p:on shall not extend to any exc
cution, order. or other process issued on any
demand 10 the following eases: First. For
the purchase price Of said property, or ans
part thereof Second For services rendered
By laboring person or mechanic. Third
For liabilities incurred by any public officer,
or officer OF court, or any G,'uciary, or any
attorney a. law, for money collected. Fourth.
For lawful claim fer any taxes, levles, or
assessments accruing after the Is: day Of June,
1856. Fifth. For rent hereafter aecruing
Sixth. For the legal or taxable fees Of any
public officer, or officers OF court, hereafter
accruns"
"SzcTIoN 8 Nothing contained in this
article shall be constructed to interfere With
he sale OF the property aforesaid, or any por
ticn thereof. by virtue oFany mortgage, deed
Of trust, pledge. or other security thereon.
What is called the poor mans exemption
law" is in these words:
mo growing crop Of any kind (not sever
ed shall DO liable to distress or levy except
Indian corr: which naay be taken at any
time after the 18th oil October in any year.
In Tie case Of q husband or parent who is d
house-kecper and Lead Of a family, there
shall be exempt from distress or levy the
following articles, Or so much; Or SO many,
thereof as the party may have: One COW,
one bedstead with bed and ncct ssary bed
ding for the same, SIX chairs. one table, six
knives, aua six forks, six plates, two dishes.
two basins, one pot, ono oven, SIX pieces Of
wood or carthcruwarc, one locn and its APP
pnrtenapces; one spinning-w wheel, one pair of
cards and one axe. enc hoo, five barrels OF
corn. Eve bushels Of wheat or one barrel Of
-four, Two hundred pounds Of bacon or pork,
AID five dollars in value Of forage or hay.
and one cookingsstoyc and utensils for cook
ing Herewith. And, IN case OF a mechanic,
the tools and utensils Of lis trade however,
not to exceed S25 in value; sewing ma
chine and provided that no family portrait
or eagraviug shall be subject to distress or
levy < =: Also, one beds:ead and necessa-
~ bedding Cor the same for every three mcm-
b.rs of the family Of the husband or parea,
mentioned in the preceding section; one
horse, or mule, or yoke OF oxen, plough aud
necessary gearing. except for taxes. provi
ded, that the provisions Of this act shall not
extend to distress made for taxes, county aud
parish levies and provided that the horse,
mule, or yoke Of oxen shall net exceed, in
value; one hundred dollars.
The following is the declaraory bill, ap-
proved march Sd, 1878: That it was the true
intent aud meaning OF an act approved June
1872, entitled AN ac. to amend an act en-
titled an act to establish a uniform system
of bankruptcy throughout the United States,
approved March 2 1873 that tho exemr
tons allowed the bankruptcy the said amen
datory act should, and it is hereby enacted
that they shall not be the amount allowed by
the constitution and laws Of each State, re-
spec,vely, as existing in the year 1871 and
that suc. exemptions be valid against debts
contracted before the adoption and passage
| Of spch State constitution and laws as well
as those contracted after the same, and
against liens by judgement Or decree OF any