SALES AND NOTICES 3143

published to select the paper and contract for the cost of publication; but
when such publication shall be ordered to be made in the city of Balti-
more, it shall be published in one or more of the daily newspapers pub-
lished in said city.

An. Code, 1924, sec. 7. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1834, ch. 309, sec. 2.

7. In every case in which notice by publication in a newspaper is re-
quired to be made by any sheriff, coroner, elisor, or other officer, the de-
fendant shall have the right to select the newspaper in which such notice
shall be published and upon his refusal or neglect so to do, the officer shall
make publication in the newspaper making the lowest charge for the
advertisement.

Exemption from Execution.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1861, ch. 7, sec. 1.

1904, ch. 381.

8. One hundred dollars in property, whether the same consists of
money, land or goods, of every defendant, as well as all money payable
in the nature of insurance, benefit or relief in the contingency or event of
sickness, accident, hurt or death of any person, shall be exempt from execu-
tion or seizure in satisfaction of debt or claim upon any judgment in any
civil proceedings, except on judgments for breach of promise to marry or
for seduction.

Cash surrender value of bankrupt's life insurance policies to which trustee is
entitled under Bankruptcy Act, held "property," but not "money payable in nature
of insurance," within meaning of this section. In re Cooper's Estate, 28 F. (2d),
(Dist. Ct. Md.), 438.

Trustee in bankruptcy entitled only to cash surrender value of bankrupt's life
policies exceeding $500. Hickman v. Hanover, 33 Fed. (2nd), 873.

This section referred to in construing art. 9, sec. 33. Lawrence v. Commercial
Banking Corp., 165 Md. 559. For exemption from attachment of wages, see art. 9, sec. 33.

Cited in In Re Beachly, 19 F. Supp., 104.

This section must be construed in connection with, and as limited by, art. 3, sec. 44,
of Md. Constitution. Exemption limited to $500. In re Jones, 249 Fed. (D. Ct. Md.)
487; Cf. In re Cooper's Estate, 28 F. (2d) (Dist. Ct. Md., 438.

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

Where execution is levied on a defendant's equity of redemption in two tracts of
land, and before the sale the defendant notifies sheriff that he claims his exemption,
and no appraisers were summoned, defendant is entitled to $100 of proceeds of sale,
and 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
benefit of his creditors, he is entitled to his exemption; also, when 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, mortgagor is entitled to his
exemption as against judgment creditors. Insufficient exceptions to auditor's report.
Darby v. Rouse, 75 Md. 28.

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

This section referred to in construing art. 23, sec. 176—see notes thereto. Burdette
v. Jackson, 179 Fed. 229.

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

See notes to secs. 9 and 10.

As to the exemption of the proceeds of insurance policies from execution or attach-
ment, see art. 45, sec. 8, et seq.

See art. 3, sec. 44, of the Md. Constitution.

Workmen's compensation benefits are not assignable nor subject to execution or
attachment—art. 101, sec. 64.

Benefits payable or paid by fraternal associations are exempt from execution—
art. 48A, sec. 202.