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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2699   View pdf image (33K)
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SALES AND NOTICES. 2699

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1861, ch. 7, sec. 4. 1884, ch. 504.

11. All wearing apparel, mechanical text-books and books of profes-
sional men, tools of mechanics and all tools or other mechanical instru-
ments or appliances moved or worked by hand or foot, necessary to the
practice of any trade or profession and used in the practice thereof, shall
be exempt from execution, in addition to' the property hereinbefore ex-
empted'; but this section shall not apply to any books, tools, mechanical in-
struments or appliances kept for sale or barter.

The section applied where an undertaker goes into bankruptcy. The words " moved
or worked by hand or by foot" apply to machinery. Burden of proof is on party
claiming exemption. Steiner v. Marshall, 140 Fed. 710.

This section referred to in construing art. 23, sec. 174—see notes thereto. Burdette
v. Jackson, 179 Fed. 229.
As to exemptions from distress, see art. 53, sec. 18.

An. Code, sec. 12. 1904, sec. 12. 1888, sec. 12. 1861, ch. 7, sec. 5.

12. The four preceding sections relating to exemptions shall not im-
pair the lien of any vendor for the purchase money of land, nor of any
mortgagee, nor of any mechanic or other person, for any debt contracted
for or in aid of the erection of any building, nor shall they apply to any
levy on property for non-payment of taxes.
As to vendors' liens, see art. 66, sec. 31, et seq.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. 13. 1861, ch. 7, sec. 6. 1870, ch. 195.

13. Said exemption shall not apply to any persons except actual bona
fide residents of the State of Maryland.

Act of 1870, ch. 195, held not to apply to a sale made on February 1, 1870. The
legislature may repeal at will laws exempting property from execution, unless they
are in nature of a contract. Bramble v. State, 41 Md. 442.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1886, ch. 279.

14. Whenever any defendant in an original contract or cause of action
or,by a subsequent contract in writing shall waive his claim to said exemp-
tion, the court or the justice of the peace entering a judgment upon any
such contract or cause of action shall enter or cause to be entered among
the docket entries of the same " right to exemption waived," or words to
that effect, and a like entry shall be made on the back of any execution
issued on said judgment; provided, however, that if such waiver shall be
made as above stated and said entry shall be omitted, such defendant shall
be estopped from demanding such exemption unless said court or justice
of the peace, for sufficient reasons, shall enter among the docket entries
of the case that said waiver was and is void.
See notes to sec. 8.

Assignment of Claims to Non-Residents.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1888, ch. 174, sec. 1:

15. It shall be unlawful for any person, being a citizen of this State,
to assign or transfer any claim for debt against a resident of this State
for the purpose of having the same collected by proceedings in attach-
ment in courts or before justices of the peace outside of this State, or to

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2699   View pdf image (33K)
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