Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1879-04-03
Homestead Decision.


Some weeks ngo we alluded to the tuct that
several appeals had gono to tho Supreme
Court touching tho power Of tho Legislature
to extend tho exemption Of tho property Of q
debtor beyond tho amount and quality pre-
scribed by tho Constitution, and expressed tho
opinion that the words Of the Constitution
woro restrictive and could be neither extended
nor diminished. ,u
In our issue of the Goth ultimo wo pub
lishod tho opinion Of the Supreme Court in
tho case Of Duncan against Barrett, being q
rule on the Shcriif for refusing to enforce IN
execution against scod cotton or corn, the
defendant being an agricultural laborer and
claiming tho property ny exempt under Sec"
ton 0 Of tho Act Of March 18th, 1872 The
clause referred to reads as follows:
"That one-third Of the annual products Of
agricultural laborers. mechanics artisans and
tradesmon ofoyery description, without regard
to valuation, character or condition of pro-
ducts or earnings. shall bo exempt from at'
tachmcnt, lovy and sale except to enforce the
payment Of taxes"
Il zs1vIlh vTIhs sGa;ngsJtyi on to say:
ITO secure tho full enjoyment Of said homo
stead exemption, to tho person entitled there
to, or tho hcud OF any family, tho personal
property Of such person Of tho following char
ractcr, to wit: household furniture, beds and
bedding, family library, arms. CARTS wagons,
farming implements, tools, neat cattle, work
animals, swino, goats and sheep, not to ex
coed in value in tho aggregate tho sum Of
five hundred dollars, shall be subject to tho
like exemption US said homestead, and there
shall bo exempt in addition thereto all ncccs-
sary wearing apparel"
The question, says the court, IS, whether
tho attempt to add to tho list of articles, cx-
cmpted "onc.,hird Of the annual products Of
agricultural laborcrs," is in accordance with
tho Constitution; in other words, whether !hc
constitutional enactment is restrictive?
Without resorting to tho technical rules oI
construction. that IN enumeration is exclusive
Of oil property not mentioned, tho court held
that the exemption Of the property Of Il debtor
from tho ckims of his creditors has never
been regarded rs legitimate exercise of
Legislative power. While, in the absence of
constitutional provision. the Legislature
might as to future debts exempt property to
any extent and of every description, but rs
tho spirit of tho laws was supposed to oppose
such legislation, tho words Of tho Constitution
are held to limit this power to the amount and
description Of tho property mentioned. The
discharge Of the rule by tho Circuit Judge
was sot aside and the case rcmandcd for fur
thor proceedings
While in strictnoss this decision is con-
fnod to exemptions of tho products Of agrs
cultural laborers, its spirit and scope 90 much
farther aud overturn the ideas heretofore
entertained rs to property exempt from levy
and sale. When u homestead is once set Off
it's products Of every description, without
regard to their value, arc exempt Until it is
set on no article Of personality, not mentioned
in the Constitution, sccms to be exempt, thus
making corn, cotton, wheat and all other
grains liable to levy and sale, when not grown
on the homestead, and in legal parlancc no
land seems to DO homestead until it has
boen regularly set off and assigned.
Other important questions will yet arise
for decision under the homestead. For in
stance, is any person, though ho bo the head
OF family, entitled to an exemption of per-
sonal property of the kind cnume Grated in tho
Constitution, unless he owns n homestead?
Tho constitutional exemption Of real and
personal property seems to bo parcel Of ono
common schemo and intorwoven with and
dependent on each other, for tho very words
az to personally exempted are, ito secure the
full enjoyment Of said homestead" &c. Can
u person, then, who has no homestead claim
any exemption Of personally? Again, bas
The owner Of q homestead, regularly set off,
the right to claim rs exempt any product
grown on lands he may ren'? The spirit Of
the last decision looks to q strict confinement
Of oil exemptions within tho letter of the
Constitution, and to deny all power to on
large or diminish It by Legislation.
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