The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1877-12-15

it has never beer held until tie
present case that a married wo-
man was entitled to it, although
the law of this State makes her
an object of its peculiar care. The
statute does indeed specify that
hQ debtor shall be entitled to the
exemption provided for in it,
whose wife shall own in her own
right and be IL the actua! enjoy
ment of property worth more than
one Thousand dollars, r. S. 1870,
section 1861. Does this mean, or
are We are to inter from it, that
the wife shall he entitled to the
exemption provided the husband
owns nothing The language
does not bear this construction,
That meaning, to my a%pprehen-
sion is not even latent in it, Ger
tainly not patent uponlit. And yet
it is an admitted rule of construc
ton that statutes like this can
not be- enlarged by implication.
THERE'S great force in the argu
ment that when a person per
forms the deliberate act of.execu
ting mortgage to secure "a debt
that act shall be held to be alta
cit but perfect waiver of all right
OF exemption provided by law. 1t
Las already been observed that
we refused to adopt that rule ;
buC when the debtor not only exc
cntes tue mortgage, but expressly
and solemnly declares that he re-
nouEces all benefits of the exemp
tlon laws, ard this declaration is
recited in the act, | do not think
he should be permitted aftefwar,
to gain say it under any ci,cum<
stances. | do not think the law
comes to his relief aud SAYS, ~
will help you to speak unt.uthtul
ly AS we'll as to act. aishonestly,
and Will lrterpose my shield be
tween you and him who trusted
first to your honesty to pay your
debt, and next to your ~iveracitv
that you would not evade it un
der cover Ola special law"
There is much to be Said also in
favor Of that public policy winch
is a conspicuous feature of tGe
laws Of all countries, and which
is the basis Of plllic morals, viz
that compulsory fidelity in the
discharge Of money obligations
elevates the character of the citi-
zen,and by consequence promotes
the pnblic virtue. The State that
visits by The penalty Ct its laws
the violation or disregard of pecu,
mary engagements with the
greatest rigor il; the State ,L;.t
has the highest standard of pub
lie honor. Where,er,,lhe law offers
a premium to dishonesty by pro
rl!lng means OF escape to the citi
zen from the payment OF Il.
debts, wllttl!ef the mode be by eX-
emptlon Of property from seizure
or by the equality convenient one
OF hiding it under coverof anotil-
er'S claim, there will be found the
greatest laxity OF the public CON
science and the most shameless
disregard Of public ;.nid private
obligations.
When. therefore,. there is not
an express statute comforting upon
the party seeking to evade an ob
ilgation the unquestioned legal
right, to escape he consequences
OF that obligation, and he seeks
to justify it upon the ground of
public policy as the motif of the
construction he invokes, it NAV
not be improperly answered tlat
the same considerations forbid
the multiplication of those devices
by which he who promises is ex :
cused from performing and he
who renounces It benefit is permit
ted to enjoy it in spite of his re
nunciatlOn. It.