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Exemption

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

^ The privilege of being excepted, excused, or freed from the operation of a law. Used especially of goods not liable to seizure under the law of distress for rent; •* of merchandise not subject to duties under the internal revenue laws; ' of the property of bankrupts and insolvents excepted from sale under execution laws; ' and of the property of a decedent not subject to administration. Also, the property itself, In the aggregate. > Stone V. Union Sav. Bank, 13 R..L 26 (1880); 8 Ga. 388; 2 Williams, Exec. 946. ^ Caskie v. Harrison, 77 Va. 94 (1882); Peter v. Beverley, 10 Pet. *633, 604 (1836); Wilson's Appeal, 115 Pa. 93 (1887); M'Cormick v. Wright, 79 Va. 533 (1884), cases; 24 Cent. Law J. 147 (1887), cases. '.

See generally Williams, Exec; Schouler, Ex;. & Adm., and Wills; 2 Kent, 409; 1 Pars. Contr. 127; Stacy V. Thrasher, 6 How. 58-60 (1848); Hill v. Tucker, 18 id. 466-67 (1851); Smith v. Ayer, 101 U. S. 337 (1879); Colt v. Colt, 111 id. 581 (1884); Glasgow v. Lipse, 117 id. 333' (1886); 9 Gratt. 559; 21 id. 800, 759. 'i?e Bingham, 32 Vt. 335(1859); Golson v. Holman, Sup. Ct. S. C. (1888); 26 Cent. Law J. 521-22 (1888), cases. 4 See 2 Whart. Ev. Ch. Ill, §§ 95-119; 1 Greenl. Ev. §501; 7W.

Va. 413. » L. ex-imere, to take out, remove, free. »3B1.

Com. 6. Exempt.

Excepted from the burden or operation of law; also, a person so excepted, excused, or relieved. Exemption laws. Specifically, laws which except a part of a debtor's property from seizure on execution, or other process, as not liable to the payment of his debts. This property, In its nature and extent, varies in the different States. In some it extends only to the merest implements of household necessity; in others it includes the library of the professional man, however extensive, and the tools of mechanics;, and in many it embraces the homestead in which the family resides. The creditor, when he parts with the consideration ot his debt, knows that the property so exempt cannot be seized in payment. * Exemption in favor of debtors is favored by liberal interpretations. The exemption law of a State bars an execution on a judgment in favor of the United States." Exemption laws seek to promote the general welfare of society by taking from the head of a family the power to deprive it of certain property by contracting debts which will enable creditors to take such property in execution. Parties ought not, therefore, to be permitted to contravene the policy of the law by contract.^ Waiver of the right, if permitted at all, must be in distinct and unequivocal terms, and not rest upon inference.* "Widow's exemption. For the benefit of the widow and children of a decedent.* See Ageicultdre; Expbessio, Unius, etc.; Heifer; Homestead; Horse; Immujiitt; Implement; Pbitileqe; Tax, 2; Team^Tool; Wagon; Works. EXEQUATOTl. L. Let it be executed, performed, discharged.

1.

In French practice, placed at the foot of a judgment obtained in another jurisdiction, authorized execution upon the judgment within the jurisdiction to which it was exemplified.

2.

An order issued by the foreign depai-tment of a state to which a consul or commercial agent is accredited, that he be permitted to discharge the duties of his appointment.

J Nichols V. Eaton, 91 V. S. 726 (1875), Miller, J. ' Fink V. O'Neil, 106 U. S. 280 (1882), cases; R. S. § 916. 'Kneettle v. Newcomb, 22 N. Y. 249 (1860); Crawford V. Lockwood, 9 How. Pr. 547 (1854); Harper v. Leal, 10 id. 276 (1854). Contfa, Mc Kinney v. Reader, 6 Watts, 34 (1837); Case v. Dunmore,23 Pa. 93 (1854); 24 id. 426; 31 id. 226. « O'NaU V. Craig, 56 Pa. 161 (1867); Commonwealth v. Boyd, ib. 402 (1867).

Exemptions of personalty, Kansas cases', 2 Kan. Law J. 146-49 (18S5), cases. ' Huf man's Appeal, 81 Pa. 329 (1876); Nixon's Appeal, Consuls on exhibiting proof of their appointment receive an exequatur, or permission to discharge their functions within the limits prescribed, which permission can be withdrawn for any misconduct.^