290
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SALES AND NOTICES. [ART. 83.
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EXEMPTION FROM EXECUTION.
1861, c. 7 adds the following sections to this article:
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1861, c 7,8.1
When $100
worth of pro-
perty exempt.
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SEC. 1. One hundred dollars worth of property of
each defendant therein shall be exempt from execu-
tion issued on any judgment in any civil proceeding
whatever, except on judgments for breach of promise
to marry or for seduction.
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Ibid. B 2.
How such pro-
perty selected
Ibid s 3
When the
whole property
to be sold
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2. Each defendant in any such execution may
select property real or personal, to the value of one
hundred dollars to be ascertained by three disinter-
ested 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 re-
turned with the writ.
3. 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 deter-
mined 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
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To what cases
applicable.
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cases the officer shall not sell unless the property
offered shall bring more than one hundred dollars.
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Ibid a 4
What chattels
exempt.
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4. All wearing apparel, books, and the tools of
mechanics shall be exempt from execution, in ad-
dition to the property hereinbefore exempted, but
this shall not apply to any books or tools kept for
sale.
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Ibid s 5
Not to impair
liens of ven-
dors, mortga-
gees, mechan-
ics, &c
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6. The preceding sections relating to exemptions
shall not impair the lien of any vendor for the pur-
chase money of land, nor of any mortgage, nor of
any mechanic or other person, for any debt contracted
for or in aid of the erection of any building, nor
from any levy thereon for taxes.
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