The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-01-07

erican and Observation-Disclosures
still marks more or less plainly
the legal rights of the landlord
whereas in most of the American
States these rights stand upon simi.
lar ground to those of any ordinary
creditor. And yet in all the Colo
MES there exist more or less liberal
laws in favor of exemption from exc
cution. Here, in llawaii, we have
a compromise between the English
and the American systems in the
matter Of landlord and tenant only.
The fact that the hardship of the more
feudal system is not very severely
felt here argues in favor OF our land
lords as n class, but leaves the sys-
ten none the less open to attack.
No creditor should be allowed an
advantage against n debtor for the
simple reason that the debtor owes
him rental, whereas he owes the
other man for groceries. This
seems, however, only question be-
tween the creditors, and indeed it
is OF little concern to the tenant
debtor, so long as he can have no
exemption from any quarter. The
difficulties are in no measure met by
the Bankrupt Act which divides the
bankrupt's estate pro rata among
all his creditors (with certain ex-
ceptions still in the landlords favor),
and leaves the bankrupt himself u
respectable share of tools or imple-
ments of his profession or trade, in
the discretion of the Court. The trou-
bic is that people who are so poor
as to really need exemption from
execution are also too poor either
to pay the expenses of voluntary
bankruptcy, or 10 be put through
the Court" by their creditors. What
we therefore need Is Il law giving
absolute exemption to Il sc too poor
to meet the mandates of 4 judgment
ut law. of 4 sufficient amount OF
this worlds goods to prevent them
selves and families from becoming
tramps, beggars, or thieves when
misfortune overtakes them.
Descending from theory to prac-
tice, let us take Ontario. indisput.
ably the most prosperous and pro-
grcssive province of the British
Empire. The list of exemptions
from execution include (Ch. &c,
Ont. Consolidated Statutcs):
"Beds, bedding, clothing, iur
ni,ure, utensils, dishes, spinnir {
wheels, looms, etc, necessary for us,
OF the debtor and family; tools AND
implements of profession or trade
one COW, four sheep, two hogs sutii,
cicnt TODD for self, family, and for al
exempted animals, for thirty days.
The operation Of the act extend.
to the family Of a deceased debtor
and even to the family of an alb
sconding debtor. And, being :
statute of relief, the law is at al
times literally construed in favor o
the debtor.
All the other provinces of tn,
Dominion of Canada have exemp
tion laws equally liberal: and al
though their original introduction
was met by strenuous opposition
from the moneyed classes, yet afte
very many operations not singl
voice can now be heard agains
either the principle itself or the ex
tent of its adop,ion--and the tend
ency is gradually in favor of exten
sion while there has been NC know
instance Of curtailment.
Coming TO the United States W
find the exemption laws Of create
liberality on the average-beini
similar in the Atlantic States t
those of the Canadian provinces
and increasing, in favor of tn
debtor, as we travel westward. ]
Michigan, for instance, which Dor
ders the province of Ontario, tn
law is rs follows:
6 TGSG. Michigan Revised Sta
tutes):
"The following property shall b
exempt from levy and sale under an
execution, or upon any other tina
process Of court:
First. All spinning wheels, wea,
ing looms with the apparatus, an
stoves put up and kept for usc in an
: dwelling-house.
Second. A seat, pew or slip, Occl
pied by such person or family, in an
house or place OF public worship.
Third. All cemeteries, tOmbs an
rights OF burial, while in use rs +,
positories of the dead.
Fourth. All arms and accoutr'
mcnts required by law to be kept b
any person; all wearing apparel I
every person or family.
"FiIth. The library and scho,
books OF every individual and tamil
not exceeding one hundred and fiji
dollars, and all family pictures.
Sixth. To each householder, tc
sheep, with their ileeccs, and Il
yarn or cloth manufactured from II
same; two cows, five swine, and pr
visions and fuel for comfortable suI
sistcncc OF such householder or iami
for six months.
Seventh. 70 each householder, a
household goods, furniture and utter
sils, not exceeding in value tw
hunlre and fifty dollars