The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-06
v,pdicatiOn of the Declaratory
bankrupt Act of Sd March, 1879, by
80 AufhQr.
RICHMOND, March s, 1873.

RICHMOND, March s, 1873.
& watson, BsQ, Abtnodoa. VA
Dear Sir-The President has, of course
.;cred the "act to declare the true inten
. .psd meaning Of the act of 'une s, 1872
smendatory Of the general bankrupt law v
aossed by Congress OH the 18th of Febru.
apry--all foolish talk Of a veto TO the con-
trary notwithstanding. AMI | now com.
,lv with my recent promise to you in
Presenting to the public an explanation
md yindication of that humane and most
important measure.
Allow me first to present o history oil
the act. Congress, on the I'd day OF
March, 1867, passed the general bankrupt
law. the l4th section of which gave 10
bankrupts an exemption of property from
sale under execution to the amount OF
s5O1: and such other exemptions in each
tate as were allowed by the laws of such
state IN force u, 1864.
Within three years after the passage OF
this general bankrupt law of March, 1867,
ali the southern states returned to the
Union under constitutions adopted in pur-
suance of the reconstruction acts of Con-
cress, And it seemed eminently proper
that tne Beheiai oanNi uP' ia" ohouiu oe
adapted to the laws OF the states as they
stood after reconstruction. Accordingly,
it was thought proper that the general
bankrupt law SHOULD De SO amended as to
give to the citlzens OF escn state, besides
the national exemption of $500, such other
exemptions as were allowed by the laws
Of such state in force after reconstruction.
Therefore, on the Sth of June, 1872,
Congress passed an amendatory act, at the
instance OF several patrlot'c gentlemen,
whom could name, from virginia, In the
following words:
I" Be 1t enacted, &c., mat the i1rst pro-
viso In section y OF an act approved March
2, 1857, entitled an act to establish uni
form system OF bankruptcy throughout the
United States, De AMENDED py str'king out
the words efghteen h'fnafeo eno StTty-I0nr,
and inserting In lieu thereof etghteen hnn-
bred and Serenty-one."
The effect OF tins amendment was to
make the exemption laws OF virginia q
part OF the general bankrupt law as APP
piled in our state. These exemption laws
were-frst, the homestead exemption law;
and second. what is called the poor mans
exemption law. The homestead exemp-
ton law is in these words:
SECTION /. Every householder or
head of family Shall be entitled, in addi-
ton to the articles now exempt from levy
or distress Tor rent, to hold exempt from
levy, seizure, garnlsheelng,, or sale under
any execution, order, or other process, is
sued on any demand Tor any debt hereto,
fore or hereafter contracted, his real and
personal property, or either,, including
money ana DEBTS que nm. whether hereto
fore or hereafter acquired or contracted, to
the value OF not exceeding TWO thousand
dollars, 70 pc selected oy MN: PROVIDED
that sucn exemption shail not extend 10
any execution, ofoer,, OF olner process
issued on any demand IN the following
cases: FIRST. FOR the purchase price OF
said property, or any part thereof, Sec
ond. For services rendered by laboring
person or mechanic. ihlrd For llablli-
ties incurred by any pubic otflcer, or OFF,
GERS OF court, or any nduciary, or any
attorney-at'law, ior money collected.
Fourth. For a lawful claim ior any taxes,
levies, or assessments accrulng alter The LIST
day Of June, 1856. Filth. For rent hereai-
ter accrulng. sixth; FOR one legal OF tax
able fees OF any pubic oihcer, or officers
OF court hereafter accrulng. :. -.
SECTION D. Nothing contained IN TINS
article. shall De construed to Interfere
with the sale OF the property aforesaid, or
any portion thereof, by virtue OF any mort
gage, deed OF trust, pledge, or other secu-
rty thereon.
What IS called the poor mans exemp'
ton law" IS in these words
mo growing crop OF any KIND mo. sew
ered) shall be liable to distress or levy,
except Indian corn, which may be taken
at any time alter the 10Th OF october IT
any year. In the case husband or parent
who is housekeeper and head OF 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 ano
necessary bedding for the same, SIX chairs
one table, Six knives, SIX forks, SIX plates
two dishes, two basins, one pot, one oven
six pieces OF wood or earthenware, on
loom and its appurtenances, ont
spinning wheel, one par OF cares, and on
axe, one noe, flve barrels OF corn, nv
bushels OF wheat or one narrel OF hour
two hundred pounds OF bacon or pork, ant
five dollars in value OF forage or hay, ant
one cooking stove and utensils Tor cooking
herewith. And, IN case OF mechanic
the tools and utensils OF his trade now
ever, not to exceed $40 IN value sewing
machine and provided that no family por
trait or engraving shall be subject to dis
tress or levy.
Also, one bedstead and necessary beddln'
for the same Tor every three members @