The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-03-27

all to be chosen BY the householder or head OF
the family, his agent Or representative"
And last, bur not least, the 81 900 Home-
stead
1t is also to be noted that Dover is repre-
sented IN the bankruptcy Courts next to Lille
Liberty and the American Eag!e. In your IS
sue Of February 18th, 1878, you report Col.
Hughes as si9iny the Va poor debtor law"
Code Of Va. 1860, ca. 48, sec. 80, So L 81.
The amendments Of June Sth, 1872 and
March 3rd, 1873, contemplate tho laws III
force in the States IN IS7l-one poor debtor
exemption under act Of February 20tl 1857,
vas then ia force in Virginia. Ny view OF
tho clause of section II Of the Bankrupt act
which adopts the State exemptions, IN the
following words such other property not
Included in the foregoing exceptions, as IS
exempted from levy or sale upon execution,
or Other process or order Of apy Court by the
laws OF the State in which The Bankrupt has
his domols, is that it does not compass the
exemption Of growing crops" which the
Code Of Va. 1860, Oh. 49, sec 80. declares,
the following words, shall not be subject to
distress or legw: ''No growing crop, Of any
kind (not severely shall be Iiahie to distress
or levy, except Indian corn, which may be
taken at any time after the 18th Of October,
il any year
The State Courts have never construed this
law as exempting from distress or levy" the
growing crops to tie asse, or for tie Leaeft of
tie poo: aebtor-but as not subject to distress
Or legy because part Of the realty When
severed, and become personally, crops may be
sold under distress or levy before they are
severed they nay be sold With the land (as
ressty) under decree in chancery, ''or other
process o.. os4lcr Of oay court'
In constituting the specific provisions Of this
section Of the Bankrupt act Of Congress, We
must be guided by the general intent aud Oh
jecs So lar as it can be asccriained) Of the
enactment, Which appears to have been to
designate what shall be exempt to The use #
lie Bankrupt. aud this additional execution
must apply to what WAS exempt to the uxe Of
the poor debtor. under tae Code Of Va. and
TO nothing more.
The moral effect Of construction Of the
Bankrupt law allowing tho exemption of all
g.owing crops. wo:.l,i be to open the door TO
the preparation Of enormous frauds upon
creditors, by debtors Investing their entire
property III growing crops. and, before it is
severed, going into Bankruptcy and claiming
it. Without This construction the law as it
stands, offers tempting field for speculation
70 IAN enterprls:ns young man." Judge
Eives has decided against the allowance Of
the exemption Of growing crops updtr sec 81
OF Oh. 40 Of the Code OF 1860, 10 a case BOW
pending in Bankruptcy in his Court, in
which. if mistake not, Col Hughes as eonn=
sci, held he sasIe position taken By him in
his letter on he ameudmes: to the Bankrupt
act. Perhaps, being CONVINCED against his
will, he's Of the sains opinion still"
asa very truly yours.
Fo,uALf. &. DAENaEHFtELD.
IIarrisooburg, March 18th, 1878.
r. $. have rot seen Col Hughes letter
in full but bass my remarks, a. 10 the posi-
ton taken BY hin. uToa tie extracts sroa,
his letter in your Issue q yesterday, Eehrua-
~ the 18Th.