Tool

An instrument of manual operation, particularly such as is used by a mechanic or a farmer.

The statutes of many states contain provisions exempting from execution the tools of a debtor's trade; or otherwise securing one's tools. This has given rise to some decisions as to the meaning of the word. An apparatus for printing, consisting of a printing-press, cases, types, &c., may be " tools " exempted from execution under the statute; but, in order to be thus exempted, they must be necessary for the upholding of life; and whether they are of such description is a question of fact for the jury. Patten v. Smith, 4 Conn. 450. A lawyer's library is not exempt from sale on execution under the act of 1822, exempting the common tools of a debtor used in his trade. Lenoir v. Weeks, 20 Ga. 596. Implements of husbandry necessary for tilling land (as wheels of a cart, and the gear used in moving it with oxen), are not " tools," within the exemption law. Daily V. May, 5 Mass. -313. The word tools, in a statute exempting the tools of a mechanic from execution, means simple instruments, such as are used by hand, and does not include large articles, such as printing-presses, looms, forges, &c. Buckingham v. Billings, 13 Mass. 82. A printer's press, types, cases, &c., are The " tools " exempt are such as are necessary to enable the debtor to carry on his trade conveniently, and in the usual manner. Tools used by an apprentice or journeyman in jewellers' business were exempt, though the master (the debtor) worked principally on watches; his principal business being that of a jeweller. Howard v. Williams, 2 Pick. 80. A violin and bow of a debtor, whose sole business is that of a musician, as a member of a military and quadrille band, and who obtains most of his support by playing upon his violin, are exempt from attachment, if the value of all his musical instruments is less than $100. Goddard v. Chaffee, 2 AUen, 395. Dental instruments are within the meaning of " mechanical tools," and are therefore exempt from execution, upon a judgment rendered for the purchase-money thereof. Maxon v. Perrott, 17 Mich. 3-32. A dentist's instruments are not within the terms of the statute, exempting from execution the " tools of a mechanic necessary for carrying on his trade." Whiteomb V. Reid, 31 Miss. 567. See also Grimes i/. Bryne, 2 Minn. 89. A daguerreotype apparatus, which the owner has ceased to use for taking likenesses, and is using only to teach the art to another, is not exempt from attachment as a " tool of his occupation." Norris v. Hoitt, 18 N. H. 196. A threshing-machine five rods long, and requiring eight horses and ten men to work it, is not a " working tool," within Stat. April 11, 1842. Pord v. Johnson, 34 Barb. 364. The surgical instruments of a physician are his " tools," and therefore exempt from execution. Robinson's Case, 3 ^66. Pr. 466. So is a watch or clock, where necessary to the prosecution of the debtor's business. Bitting V. Vandenburgh, 17 How. Pr. 80. The printing or stamping blocks of a painter of oil-cloths, which cost from $1,000 to $1,500, used in a business requiring peculiar and extensive buildings, numerous workmen, and some capital, are not " necessary tools of a tradesman" exempt from execution. Richie o. Mc Cauley, 4 Pa. St. 471. In construing a statute which exempts from attachment, in favor of a housekeeper, " the working tools necessary for his usual occupation," to the value of $50, and in favor of any debtor, " his working tools," to the same value, the same meaning is to be attached to the language in both instances, and should be construed to include not only all tools which are indispensably necessary to the mechanic, or even such as are in use by individuals of the same craft, but also such as the mechanic has adopted to ease and diminish his labor, and not only his working tools, so called in the dictionary and by learned men, but such as are so of his business. Healy v. Bateman, 2 R. I. 464. Under the statute exempting from attachment " such suitable apparel, bedding, tools, &c., as may be necessary for upholding life," a farmer may have, exempt from attachment, such simple mechanic tools as are indispensable for repairing farming implements, and which he procures for his own use, and which he in fact uses as a mechanic. Garrett v. Patchin, 29 Vt. 248.