The herald., 1894-11-23
AN INsoLvEnrs WATCH.
The Claim That It IL Exempt Not su
enined.

| .
tnined.
1t il not an uncommon thing in cases
OF insolvency for the insolvent to claim
ss exempt all articles OF personal adorn.
ment. such as jewelry, etc.
Grief will be brought home to the
heart Of many OF this class when they
peruse the following opinion rendered
yesterday by Judge York In the case ol
Charles Ehrenieldt, an insolvent con-
tractor.
The opinion reads as follows:
"The assignee of the insolvent's estate
contends that . certain gold watch and
other property should have been in
cluded in the ineolvent's inventory, and
moves that the insolvent be required to
so include the same. The insolvent on
the hearing Of the assignee's motion
showed that all the property so alleged
not to have been included, except the
gold watch, has been disposed of by the
insolvent since the adjudication in in
solvency. That which the insolvent has
disposed Of and placed beyond his reach
it is conceded cannot be included in his
inventory, and the remedy of the credit.
ors is to resist the insolvents discharge.
The insolvent contends that the gold
watch 10 exempt from attachment or
seiznre ami sale on execution, and that
his failure to include the same 10 imms-
terial.
"Clause 4 OF the insolvent act OF 1880
requires that the Inventory must con-
tain all property exempt by
law from execution. Therefore it should
have been included in the inventory,
whether exempt or not.
This provision was necessary to
bring before the court the property
claimed ss exempt to enable the court
to decide the claim Of exemption and
instruct the assignee what property to
take possession OF and what property
not to take possession of under the pro-
visions OF clause 2l of the insolvent act.
The insolvent ia and was at the time he
was adjudged insolvent carpenter and
builder.
"Under the provicions OF section 500,
Code OF Civil Procedure, the tools or
implements of q mechanic or artisan
necessary to carry on his trade are ex-
empt from execution.
"rhe insolvent contends that the ex.
emption law should be literally con.
strued. In this position he is sustained
by the case OF In re- McManus, 81 CAL,
294. In that case a jewelers. safe was
held exempt to . jeweler and watch
repairer as tool or implement Of q
mechanic or artisan necessary to carry
on his trade The eupreme court Of
Mich, GA, declares the object of
and says, together with other provisions
of IN tot mr. - ho q
the means, if he already has it, of gain
family" But here the court has pre-
sumed that the debtor is poor. A debtor
under our exemption law may hold as
exempt q homestead worth $4,000 and
other property worth eeveral thousand
dollars. With all the exemptions which
the law allows him debtor in this state
might ba comparatively wealthy. All
parties should be considered in constru-
ing the law. The creditor may be poorer
than the debtor. The creditor may be
suffering from want. while the debtor,
protected by his exemptions, may live
in luxury. This consideration admon-
ishes me that there is danger of q too
liberal construction of our exemption
laws.
I'm this case IL is argued that the gold
watch 10 an implement not jaw
elry.' That the insolvent ia a
contractor as we'll as an artisan
and mechanic" That the watch is
necessary to keep the time OF his men.
But the law does not exempt tools and
implements to him as a contractor but
as q mechanic or artisan only. 1t is
not sufficient that the watch in question
is convenient to the inaolvent. 1t must
be shown TO be Q tool or implement of
his trade as an artisan or mechanic,
necessary to carry en- his trade" A
gold watch is not such tool or nipple.
ment. Exemption privileges are al
loved only as to articles specified in the
statute. and courts cannot add to or
lesAen those articles. Neither ia q gold
watch wearing apparel" Webster de-
fines apparel" as external clothing,
vesture. garments. Dress" To hold
gold watch to be exempt as wearing ap.
parel would establish a precedent for
exsmpting diamond pins and similar
articles of jswelry irrespective of their
value. 1t is, therefore, ordered that the
insolvent include said gold watch in his
inventory"