Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-04-28
EXEMPTION Ia W.S.

That we have exemption laws IL
this State il well known 10 every one
but II Is an admitted fact, that as long
as we have had them, the are hot ycl
generally understood, except by law
yers.) aeapf ..I ..s. "a
The misunderstanding seems TO aris,
out Of the fact that we have more than
ono act Of assembly on exemptions.
We first find the act Of 1886, and
also that of 1876, exempting list o.
articles, consisting Of household goods
farming utensils, clothing, books, tools
&c. These have been repealed, and
substituted by others more important
enactments which are at present in full
force in this State one OF which is the
act of April ., 1S49, allowing any per
son the right to claim $500 on execu
tion &C., the act of April 18th, 1851
allowing the widow. ev.ehildren Of do
cedents to retain real or personal cs
tate TO the value of $500. There is Q
manifest difference in these two acts
While the act Of 1851 is for the benefit
Of the pido,o and children after the hus
bands death, il cannot be waived by
either during their joint lives, nor can
its benefit be claimed during the life Of
the husband. The act of 1S49 is other
wise il is for the benefit OF the debtor
and his family, but the debtor can
waive his right to claim its benefits
and when by him expressly waived, in
favor of creditor neither his wife
nor any other member of the family
can afterwards como in and claim it,
yet we find many persons giving obli-
cations, and confessing judgments
waving their rights to claim its bene-
fits, under the delusion that the wife
can and will even argue that il was
passed for the benefit of the wife and
family, and the waiver good for moth.
ing, because she did not sign it.
II is hard maxim, we are aware
that every man is presumed to know
the law but we do think every man
of ordinary intelligence should at least
know, that married woman's note is
good for nothing, waiver, or M waiver
1t has also been expressly decided by
the Supreme Court, (Miller's appeal
June II, 1851, that where a defendant
elects toretain real estate TO the amount
of s300-under the act of 1919, he
must give notice Of the same TO the
sheriff before holding inquisition, in
order that appraisers may be appoint
cd and in default of such notice, he is
not entitled to 5000 out of proceeds OF
sale and it is the same where he fails
to claim to have goods to the amount
of $500, set apart for his use he there
by valves his benefit of the exemption,
and cannot claim $500 ont Of the pro
cceds Of his goods,
Section |, of the Act of April 9th,
lsl9, reads as follows; In lien Of the
property now exempt by law from
levy and sale on execution, issued upon
any Judgment obtained upon contract,
and distress for rent, property TO the
value of three hundred dollars, exclu-
sive of all wearing apparel of the de
fendant, and his family, and all bibles
and school-books in use in the family
(Which shall remain exempted as here
totore,} and no more, owned By or in
possession of any debtor, shall be ex-
empt from levy and sale ON execution
or BY distress for rent.
Gp,r,1x, D frLo Gto,..n ,..a..lf. -,
other officer charged with the cxecu-
ticn Of any warrant, for the levying
upon and selling the property, either
real or personal, of any debtor, shall if
requested by the debtor summon three
disinterestcd and competent persons,
who shall be sworn or affirmed, TO ap-
praise the property which the said
debtor may select to retain under the
provisions of this, for which service the
said appraisers shall be entitled to re-
ceive fifty cents each, to be charged as
part OF the costs of the proceedings !;
and property thus chosen and apprais-
ed to the value of three hundred dol
lars, shall be exempt from levy and
sale on the said execution or warrant,
excepting warrants for the collection
of taxes.
SECTION g. In any case where the
property levied when as aforesaid shall
consist of real estate of greater valuc
than three hundred dollars and the
defendants in such execution, shall
elect TO retain real estate amounting in
value to the whole sum of three hun
drcd dollars or any less sum, the APP
praisers aforesaid shall determine
whether in their opinion, the said real
estate can be divided without injury to
or spelling the whole; and IL the said
appraisers shall determine that the
said real estate can be divided as aforc-
said, then they shall proceed to set
apart so much thereof us in their opin-
ion shall be of sufficient value to an
swer the requirements OF the defend
ant in such case, designating the same
by proper mctes and bonds; all of
which proceedings shall be certified in
writing by the said appraisers, or n
majority of them, under their proper
hands and seals, to the sheriff, under
sheriff, or coroner charged with the
execution of the writ in such case,who
shall make returns to the proper court
from which the writ issued, in conncc-
ton with the said writ Provided
that this section shall not be construed
Al. A. a
MORTGAGES. or other contracts for the
payment of purchase money of the
real estate of insolycnt debtors
SrcrroN 4. Upon the return made of
a, :. - =,