Wilmington daily gazette., 1873-04-22
An Act 60 ExemPs from ExeentIOn
Process certain articles OEPernOn.
al Property

BE Il enacted 6y the Senate and Houss of Rem
rese''satfres Of he State of Delapare IN Gsneral
-ASscmbly met. s.I al
SEC. l. That every psrsOn residing within this
STATE shAn have exempt nom execution or attach
ment process the following articles of personal
property, to wit: The family bible, school books,
and family library, family pictures, seat or pow
IN any chuleh OF place Of public worship, lot in
any burial ground, all the wearing apparel Of the
debtor and his family and in addition to the art-
Giles hereinbefore specifically named shall have ex-
empt the tools, implements aud fixtures necessary
TOR carrying on his or her trade or business mot
exceedlng IN value seventy-tive dollars.
SEC. z. That every person reading within this
State, and being the head of fhnnily, shall have
exempt from execution or attachment pro sess, In
ADDITION to the exemption made in the first sec
ton OF this act, other personal property not ex-
eeeding in value fsoo Hundred dollars the articles
TO be selected by the debtor.
SEC. 3. That the property exempt and reonirod
to be valued by tho provisions Of this act shall be
valued BY three iudicious and impartial freehold.
era one Of said treeholders shall Do chosen by the
creditor having the oldest execution in the hands
OF the otncor making the sale; one other OF said
treeholders shall be chosen by the debtor, and the
other Of said freeholders shall be chosen by the
Othoer and in case the creditor and debtor, or
either OF them, shall neglect or refuse to name a
freeholder 1t shall be the duty of the officer TO
eaoose ior the person negleeting or refusing, and
10 give notice to the freeholders thus chosen, in
writing, under his hand, fixing the time and place
IN said notice they viii be required 10 meet.
SIC. 4. 1t Shall be the duty Of the freeholders,
upon the roceipt of the notice and the tender of
the fee hereinafter named. for services in uakinR
the valuation, to meet at the time and place mem
toned IN the notice, aid before proceeding TO
make the valuation Of property exempt under this
act and requiring valuation thereof, shall take
the following oath or affirmation, TO wit: II do
solemnly swear or afirm las the case may bel that
will appraise the property Of A. B. exempt from
execution OF attachment process under and by Vir-
tue of the laws Of this State at its true value in
moneyS and that will true schedule make to the
best Of my knowledge and understandinRl; and
shall then proceed b value the property destgna-
ted and set apart by the debtor, and to make two
schedules distinctly stating the respective articles
and the value thereof, with q certificate certify
ing that the articles mentioned in SAID schedule
have been appraised at their true value in money
and were deEgnated and set apart by the debtor
and claimed by him or her as exempt from execu-
ton or attachment process Such certificate shall
be signed by the freehoIders or a msiority Of them
The articles mentioned by name IN section / Of
this act shall not be valued or included in said
sche iuie.
SEC. 5. Any freeholder chosen as aforesaid, and
due notice given, who shall neglect or refuse 70
perform tho duties required by this act shall for
felt and pay fine Of i've dollars to the officer ser
wing the notices, for the of the county where
In the freeholdeTs reside and TO be by such officer
paid to the County Treasurer; and il the freehol-
der fOrfeting aforesaid shall refuse or neglect to
pay said fine for i've days, it shall be the duty OF
the officer aforesaid to collect said fine and all
proper costs thereon by levy and sale of the goods
and chattels Of the frseholder fOrfeiting. The
costs OF levy and sale shall be the same as is pro-
Vided by collector Of county taxes.
SEC. 6. The fees for the service Of the freehold
eFs in making the valuation required by this act
shall be the same ~ are allowed by law to refer
ees before justices Of the peace and the fees to the
officer serving the notices shall be the same az are
allowed by law for Bummoning referees before
justices Of the peace, and shall form part Of the
costs Of the case upon which the officer is proceed
ing to mako tkO sale.
SEC. Z. The officer making the sale and serving
the notices required shall have authority to ad-
minister the oath required by this act and it is
hereby made the duty of such officer.
SIC. s. Nothing in this act shall apply to debts
created contracts entered into prior to the pas
sage Of this act and nothing herein contained shall
be construed as exempting any personal property
from taxation, or sale for taxes, under the laws of
this State.
SIC. 9. That any husband and wife, jointly,
may make any waiver Of any Of the provisions Of
this act.
SFc, 10. All acts or parts Of acls inconsistent
with this act be and the same are hereby repeal
ed.
Passed at Dover, April 10, 1873.