6 How. Pr. 18 | N.Y. Sup. Ct. | 1851
By 2 R. S. 367, § 22, various articles of the personal property of a debtor, being a householder, are exempt from levy and sale under any execution. Some articles are exempted without any qualification; others are exempted if necessary. For example, all sheep to the number of ten; all necessary pork, beef, fish, flour and vegetables, actually purchased for family use; all necessary wearing apparel, beds, &c. The tools and implements of any mechanic necessary to the carrying on of his trade, not exceding $25 in value.
In 1842 the legislature added to the articles before exempt, necessary household furniture and working tools and team to the value of not exceeding $150.
These exemption laws, although in derogation of the common law rights of creditors, are intended not only to operate in favor of debtors, but also in favor of the public. The public have an interest that every mechanic shall have the necessary tools to carry on his trade; but these laws often tend to embarrass constables and sheriffs in the execution of a final process. It is not always in the power of a sheriff or constable to know on what property he can safely levy. There is no difficulty in selecting the articles specifically exempted; but when it becomes necessary for the officer to determine the value of articles, or what articles
That question, however, does not arise in this bill of exceptions.Whether the plaintiff in this case did or did not object to the sale, does not appear. In this case the officer had to act at his peril, and determine whether the wagon in question was exempt from levy pnd sale on execution; he decided that it was not exempt, and therefore levied on and sold it. The justice decided that it was exempt; the Court of Common Pleas held that it was not, and this court must now determine whether the Court of Common Pleas erred or not.
A wagon, whether a single or double one, is not an article which is exempt by name from levy and sale under execution; it does not come within the words of the Revised Statutes, “the tools and implements of any mechanic necessary to the carrying on of his trade, &c.” If exempt, it must be so by force of the act of 1842. What words in that act include a wagon? It must be included in the words “ working tools,” or within the word “ team,” Or it is not exempt. It is only for the legislature to determine what pro* perty shall be exempt from levy and sale on execution, and it is not for the court to give any" strained construction to any words which the legislature has seen fit to use, in order to' bring within their meaning articles of property which the legislature have not seen fit specifically to designate.
Under the Revised Statutes, a mechanic can claim to have his
It may be asked, why exempt a cartman’s team if you do not exempt his cart? That would be a proper question to put to the legislature, but not to the court; and jt might with the same force he asked wdiy exempt a farmer’s team from execution, but allow all the grain w'hieh he has prepared for seed to be taken from him? The legislature has done all it deemed proper, and if enough has not been done, the legislature, not the court, is to extend the exemption.
The judgment of the Conrt of Common Pleas is affirmed on the ground that a wagon is by no act pf the legislature exempt from levy and sale under execution.