sidered as carrying on a trade, and stock and materials kept for the purposes of sale are not exempt. If the stock be purchased for the purpose of use in the trade of a debtor, and he subsequently changes his mind, the stock will not then be exempt. This was so held in the case of a sale by the debtor of his stock in a manner claimed to be fraudulent as to his creditors.2 As in the case of tools, the stock which is exempt is not to be limited to one trade, but may include several, but not to exceed in the aggregate the value of one hundred dollars.8 § 76. Military Equipments. The uniform, arms, and equipments of every officer and soldier in the militia are exempt. In Vermont the debtor may also have as exempt the pistols, side arms, and equipments used by a soldier in the service of the United States and kept by him or his heirs as mementos of his service; and in Rhode Island the arms, ammunition, and equipments of any person which are kept for use and not for sale are exempt. Musical instruments owned by any member of the militia for military purposes are exempt in Connecticut. § 77. Miscellaneous Exemptions. In Maine, Massachusetts, and Connecticut a boat, with the rigging, belonging to a fisherman or oysterman is exempt. In Maine this exemption is limited to one boat not exceeding two tons burden, usually employed in the fishing business, and belonging wholly to an inhabitant of the State. In Massachusetts it is limited to the boat, fishing tackle, and nets of fishermen, actually used by them in the prosecution of their business, to the value of one hundred dollars. In Connecticut it is limited to one boat, owned by one 1 Wilson v. Elliot, 7 Gray, 69; Gibson v. Gibbs, 9 Gray, 62; Reed v. Neale, 10 Gray, 242; Wallace v. Bart lett, 108 Mass. 52; Batchelder v. Frank, 49 Vt. 90. 2 Stevenson v. White, 5 Allen, 148. 8 Eager v. Taylor, 9 Allen, 156. person, and used by him in the business of planting or taking oysters or clams, or taking shad, together with the sails, tackle, rigging, and implements used in said business, not exceeding in value two hundred dollars. In all the States the interest of a debtor in one pew in the meeting-house, where he or his family usually worship, is exempt. In all the States the debtor's interest in one lot or right of burial in any cemetery is exempt; and in Maine, if a person appropriates for a burying-ground not more than one half an acre, or for a family burying-ground not more than one fourth of an acre of land, and causes a proper description thereof to be recorded in the Registry of Deeds in the same county, such land so appropriated is exempt.1 In Vermont the exemption of a lot includes the monuments and structures thereon.2 By the United States Statutes of 1866, chapter 106, the amount of pension money which may become due to any pensioner is exempt from attachment while the same remains in the hands of any pension officer or agent, or is in the course of transmission to the pensioner; and in Connecticut it is further provided by statute that such pension moneys are exempt while in the hands of the pensioner; but in other States it has been decided that this exemption ceases as soon as the money is drawn upon the check, and the proceeds of such check are liable to attachment.3 In Massachusetts shares in co-operative associations, not exceeding twenty dollars in the aggregate, are exempt; and in Maine at least two shares in any loan and building association are exempt.* 1 Me. Rev. St., ch. 15. §§ 6-8. 2 Vt. Rev. Laws, § 3211. 3 Spelman v. Aldrich, 126 Mass. 113; Friend v. Garcelon, 77 Me. 25; Martin v. Hurlburt, 60 Vt. 364. 4 Me. Rev. St., ch. 47, § 138. In Connecticut no interest in real or personal estate owned by a man in right of his wife can be taken by attachment or execution against him during the life of the wife or of any child that is the issue of their marriage, except for debts contracted by him for the support of himself, or of such issue, after his acquiring such interest.1 1 Conn. Gen. St., § 1165. CHAPTER V. ATTACHMENT OF REAL ESTATE. § 78. General Directions. 79. On what Writs. 80. What may be Attached. 81. Copy or Certificate to be made. 83. Filing fixes the Attachment. 84. Officer may Demand an Account. 85. Officer has no Right to the Property. 86. Service on the Defendant. 87. Real Estate Fraudulently Conveyed. 88. The Return. - § 78. General Directions. An officer is not required to attach real estate unless directed to do so, but when so directed should attend to it at once. In general, the method of attaching real estate is as follows: Upon receiving the writ, with instructions to make such attachment, the officer should make a memorandum on the writ that he attaches real estate, and, within the time specified in the statutes of his State, make an attested copy of his writ, and of so much of his return thereon as relates to the attachment of real estate, or make up the certificate required by the statutes, as the case may be, and file the same in the office of the Register of Deeds, or Town Clerk, as the statutes require, and afterward serve the writ upon the defendant and return it in proper form to the court from which it issued, or to which it is returnable. In making an attachment of real estate, the proceedings are entirely matters of public record. The officer does not take the property into his possession, and is not 1 Allen v. Rundle, 50 Conn. 588. even required to enter upon or view the same,1 and in such case it is important that all the steps required by the statutes shall be carefully and accurately taken. These will now be considered in detail. § 79. On what Writs. Real estate may be attached on all writs issuing from the courts of general jurisdiction; namely, the Supreme, the Superior, the Common Pleas, and the County; and in all the States except Maine and Massachusetts, on all writs from any court. But in the two States last named it cannot be attached on writs from the lower courts, unless the amount of debt or damages claimed exceeds twenty dollars.2 § 80. What may be Attached. In general terms, all the debtor's interest in real estate, whether in fee, in possession, reversion, or remainder; all rights of entry upon lands; all rights of redeeming real estate from mortgage, or from sales for taxes or on execution; and, in some cases, real estate which has been conveyed away in fraud of the creditors of the debtor.3 Only the legal title to real estate can be attached, and an equitable interest therein cannot be reached in this way. A right acquired in any legal mode to a conveyance of real estate, though resting entirely in contract, is attachable property, and may be seized and sold upon execution; 5 as, for example, the interest of an obligee in a bond to convey real estate, provided he has not forfeited his rights. In Rhode Island interests in lands of a longer duration than one year are to be considered as real estate under the law relating to attachments. But the right of a mortgagee of land cannot be attached, at least before entry to foreclose, or 1 Taylor v. Mixter, 11 Pick 341. Pub. St., ch. 161, § 38. 8 Hall v. Sands, 52 Me. 355. 5 Neil v. Tenney, 42 Me. 322. 6 Houston v. Jordan, 35 Me. 520; Brett v. Thompson, 46 Me. 480. 283. 7 Mayhew v. Hathaway, 5 R. I. |