Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1874-06-11

eu, MS real ana personal pTopeftyl &c,
to the value of So, 00C,to be selected by
him, An Act of the General Assembly
of Virginia, approved June 81, 1870,
gave effect to this provision by prescri
bing in what manner and upon what
conditions such householder could set
apart and hold such exemption.
Under the bankrupt law, as Originally
enacted, there was exempted from the
assignment of property required to be
made by the bankrupt to his assignee,
among other, such property as was ex
empt from levy and sale under execu-
ton by laws of the State in which the
bankrupt had his domicil at the time OF
the commencement Of the. proceedings
in bankruptcy; to an amount not ex-
ceeding that allowed by such State ex
emptton laws IN force in the year 1864
BY an ameildatory act passed on the
sth of June, 1872, this provision was
changed so as to give the bankrupt the
benefit of exemptions under the laws in
force in 1871. In 1872 the Court of
Appeals of Virginia unanimously deci,
ded (22 Graft. 1869, that the provision
of the Constitution inst referred to. and
the statute giving Ell, to the same. s,
far as they applied to contracts entered
into5 Or debts CONTACTED before tbei,.
option, were in violation of the Consti
tuition of the United States, and there's
fore void. After this decision on the
Sd of March, 1878 Congress passed an.
other act in the following words:
''Be it enacted dc, That it WIS the
true intent and meaning Of az, act ap.
proved June 9Th, 1879, entitled SC j..
that the exemptions allowed the bank
rupt by the said amendatory act should
and it is hereby enacted that thew shall
be the amount allowed by the Constitu>
ton and laws of each Srate respectivolv
as existing in the year 1871; and that
such exemptions be valid against debts
contracted before the adoption and pas
sage of such State Constitution and
laws, as we'll as those contracted after
the same, and against liens by judgement
or decree Of any State Court, any decls~
ion of any such courts rendered since
the adoption and passage of such CON
stitution and laws to the contrary not
withstanding.'
The first question which presents IT.
self for our consideration is whether the
act OF 1878, in so far as it seeks. in the
administration of the bankrupt law, to
give an effect to the exemption laws Of
state different from that which is DIV
en- by the State itself is constit11tional
Congress has power to 'sestabIish
uniform laws OF: tie subject of bank
rnptcles Throughout the United States "
Constitution art. l, sec. 81 A banl>
rnpt law, therefore, to be copstifnt;ona1
must be uniform. Whatever rnlas :: a.
prescribes for one it must for all II II
must be uniform in its operations not
only within State, but within and
among all the States. If it provides
that property exempt from execut;n,,
shall be exempt from assignment in ,,n,l
State, 1t must in all If It specially satS
apart tor the use Of the bankrupt Ger.
tam property, or certain amounts ut
property in one State, without raqsor VI
to exemption laws, it must do the sa,na
IN all. fit provides that certain Linds
property shall not be the assets un,ler
the law IN one place, it must make tha
same provision for every other n1sno
within which 1t is to have effect N0
Solomon was adjudged a bankrunt
on his own petition, upon tho 1st ~
May 1873 Gibson &c Crilly made proof
OF their claim against the estate on the
zifh May. An assignee was appointed
who on the 10th of February, 1871 set
Oft to the bankrupt his homestead ov
emp'lon under the laws of Virginia.
without regard to the waiver expressed
N the note Of Gibson & Crilv Tbev
1herenpon fled their petition in the
District Court, the object of which was
to set aside this action ofthe ASSIGNEE 40
50 far as it operated to prevent 1heir
sublectlng the property set off to the
payment q their debt in case the re-
malnder OF the bankrupt estate sbonld
prove insufficient for that purpose 49,
Their claim for this relief is predicted
! 'AN WAIVER or the eX
emptlon which IS contained in then,
note: We are Therefore called upon 70
consider the effect Of this waiver
BY section l, article XT, of the Con.
sutu'lon 1t is provided that every
householder OF head of family shall
De entitled to hold exempt from lew
@c., property to the value of not ey
ceedlng $4,000, to be selected bv Him.
ey section 5, it is further provided that
nosh'5s IN the article should be con
strued to interfere with the sale Of
property exempted, Or any portion
thereof, By virtue ofany mortgage deed
OF trust, pledge, or other security there
on aud by section 5 that the General
! Assembly should at it first session nm
der the Constitution prescribe in what
manner, and on what conditions, the
| said householder or head of family
| should thereafter set apart and hold
for himself and family a homestead out
OF the property thereby exempted, and
might, ln'its discretion, determine in
what manner, and on what conditions,
ne might thereafter hold FOR the bene
ut OF himself and family such personal
property as ne might have and coming
within the exemption thereby made,
out That said section should not be
g., construed as authorizing the General
Assembly to defeat OF impair the bene-
! hts intended to be conferred by the
provisions Of this article. BY section
Z It was provided that the provisions of
the article should be construed liberally
to the end that all the interests thereof
might be fully properly carried out.
In June, 1870. the General Assembly
passed an act SIGH az uas ,.aoniro1 ~,