ART. 83] EXEMPTION FROM EXECUTION. 1909

Property only shall be exempt, and the debtor has no right to demand an
equivalent in money. The debtor may waive his exemption and in order to
have the benefit of it he must actively interpose. The sheriff is under no
obligation to notify the debtor (in the absence of fraud). Young v. Bouldin, 57
Md. 317. See also, Muhr v. Pinover, 67 Md. 489; Fowler v. Gray, 99 Md. 598.
(As to a waiver, see also, section 14.)

Where execution Is levied on a defendant's equity of redemption in two
tracts of land, and before the sale the defendant notifies the sheriff that he
claims his exemption, and no appraisers were summoned, the defendant is
entitled to $100 of the proceeds of the sale, and the sheriff's bond is liable
therefor. Fowler v. Gray, 99 Md. 598.

This section should be liberally construed. Where a debtor has made a
deed for the benefit of his creditors, he is entitled to his exemption; also,
when the debtor becomes an insolvent. Muhr v. Pinover, 67 Md. 487; Fowler
v. Gray, 99 Md. 599; Darby v. Rouse, 75 Md. 28.

Where property is sold under foreclosure of mortgage, the mortgagor is
entitled to his exemption as against judgment creditors. Insufficient excep-
tions to an auditor's report. Darby v. Rouse, 75 Md. 28.

The legislature may repeal at will laws exempting property from execu-
tion, unless they are in the nature of a contract. This section referred to
in construing section 10. Bramble v. State, 41 Md. 442.

This section referred to in construing article 23, section 146—see notes
thereto. Burdette v. Jackson, 179 Fed. 229.

Cited but not construed in Stokes v. Derrick, 75 Md. 267.

See notes to sections 9 and 10.

As to the exemption of the proceeds of insurance policies from execution
or attachment, see article 45, section 8, et seq.

1904, art. 83, sec. 9. 1888, art 83, sec. 9. 1861, ch. 7, sec. 2.

9. Each defendant in any such execution may select property, real
or personal, to the value of one hundred dollars, to be ascertained by
three disinterested appraisers to be summoned and sworn by the officer
at the time of levying the execution; and the appraisement signed by
the appraisers shall be returned with the writ.

Where a judgment debtor wishes to select property under this section, the
claim must be asserted at least before the sale has commenced. Miles v.
State, 73 Md. 402; Young v. Boulden, 57 Md. 320; Fowler v. Gray, 99 Md.
599.

The legislature may repeal at will laws exempting property from execu-
tion, unless they are in the nature of a contract. This section referred to in
construing section 10. Bramble v. State, 41 Md. 442.

See notes to sections 8 and 10.

Ibid. sec. 10. 1888, art. 83, sec. 10. 1861, ch. 7, sec. 3.

10. If any property of any defendant, whether real or personal,
cannot be divided so as to set apart a portion of it of the value of one
hundred dollars, without loss and injury to all parties concerned, then
the whole shall be sold, and the defendant whose property is so sold
shall have one hundred dollars of the proceeds in money; and whether
the property can be divided without loss shall be determined by the
appraisers. This section only to apply to cases where a" single parcel
of land or single article of personal property is levied on, and in all
such cases the officer shall not sell unless the property offered shall
bring more than one hundred dollars.

The right of the debtor to his exemption is fixed and vested upon the con-
summation of the sale; hence where a sale was made on February 1, 1870, a
non-resident's right of exemption was not affected by the act of 1870, ch.
195 (see section 13). Insufficient plea. Bramble v. State, 41 Md. 442.