Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-04-10
miscellaneous &eadiug.
TIE HOMESTEAD EXEMPTION.
WHAT ARTICLES A DEBTOR MAY CLAIM U

WHAT ARTICLES DEBTOR MAY CLAIM UN-
DER 1T. .-r..:
The following is the full text of the recent
decision of the State Supreme Court touching
the homestead exception:
State of South Carolina, in the Supreme Court,
November Term 1S78-D. P. Duncan vs s..
Barrett.-Opinion by Willard, G.. j.
The Circuit Court discharged rule against
the sheriff for failure to enforce an execu-
tion against personal property, consisting Of
cotton in bales, seed cotton and corn, the de-
fendant claiming that they are exempt under
the provisions Of the act of March. -13, 1872,
(15 stat. 229. sec. 81 he being an "agricultu-
raj laborer" 1t is stated in appellants ar
gument that the contract upon which the
Judgment was obtained bore date prior to the
passage of the act in question, contending
that such exemption could not be claimed as
against an antecedent contract; but that fact
does not appear in the brief, and, therefore,
is available to the appellant. The question
to be considered is, whether the Legislature
could create new subjects Of exemption in ad-
dition to those enumerated in the constitution.
The provisions of the constitution relating to
the exemption of personal property from
execution are contained in sec. 81, art. 2.
After providing for homestead exemption
on the land of debtor, the constitution goes
on to say "To secure the full enjoyment of
said homestead exemption on the person en-
titled thereto or the head of any family, the
personal property of such person of the fol-
lowing character, to wit: household furniture,
beds and bedding, family library, arms, carts,
wagons, farming implements, tools, neat cat
tie, work animals, swine, goats and sheep,
not to exceed in value in the aggregate sum
of $500, shall be subject to like exemption as
said homestead, and there shall be exempt in
addition thereto all necessary wearing appa-
rel." The question is, whether the subse-
quent attempt to add to the list Of articles ex-
empted zone third of the annual products
of the agricultural laborers' by the act Of
1873 was consistent with the provisions of the
constitutional enactment or tended to deny
the proper force due the same; and if the lat
ter conclusion is reached, such conflicting pro-
vision must be he held unconstitutional and
void.
This involves the question of intention on
the provisions of the constitution. 1t is con-
tenQeQ tnaL Inc euulneFaClou VI hlHuS VI PloP-
erty intended for exemption is exclusive, and
general rules of Interpretation are urged as
leading to that conclusion. 1t will not be
necessary to resort to such general rules, or
to place the decision on any technical rule or
reasoning, as the nature of the subject with
which the constitution deals, points very dis
tinctly to the solution of the question at issue.
The question allowing legislative exemp'
ton to debtors is in its nature fundamental,
as involving an inquiry in the principles of
government Until within few years it has
not been regarded as legitimate exercise of
legislative power to place the property of
the debtor beyond the reach Of his creditor,
except to an inconsiderable extent. Not that
the competency of the Legislature to make
such exemptions independently of the con.
stitutional restrictions was doubted, but be-
cause the spirit of the laws was supposed tc
oppose such exercise of legislative power. 1t
may we'll be considered that in solving the
question of the legitimacy of such legislation,
the constitution had in view limit that
should be imposed to its unrestricted exer-
else. When it is treating of subjects that
have been constantly dealt with by legislative
bodies, with the sanction of the courts and