decay and become worthless; as, for instance, fresh fish, green fruits, and the like.88 But the property must be such as cannot be saved by disposing of it under an appraisal and sale under chapter eighty-one, section twenty-nine, R. S. as amended by Public Laws of 1871, c. 184. (m) Where property is so in the process of manufacture and transition as to be rendered useless, or very materially injured, by having that process arrested, and to require art, skill, and care to finish it, and when completed it will be a different thing, it is not subject to attachment. Such are hides in vats, in the process of tanning, which, if taken out prematurely and dried, could never be converted into leather, or restored to their former condition. Such are baker's dough; materials in the process of fusion in a glass factory; burning ware in a potter's oven; a burning brick kiln; or a burning pit of charcoal; for the officer may remove and is not bound to turn artist, or conduct, in person or by agent, the process of manufacture, and be responsible to both parties for its successful termination.86 So with property in custody of the law. 86 (n) It has also been held that chattels in the actual possession and present use of a debtor cannot be attached while thus being used; as a horse while being ridden, axe in a man's hand, and the like. So a watch upon a debtor's person is not liable to attachment; and an officer who, upon its being handed to him by the debtor, merely to be looked at while still annexed to a silk guard which passes around the debtor's neck, severs the guard and attaches the watch, is a trespasser.87 So articles, the sale of which is prohibited by law, such as spirituous and intoxicating liquors, are not attachable or liable to seizure on execution.87a 39. Personal property exempt by statute. The following personal property is exempt from attachment and execution: First. The debtor's wearing apparel; household furniture necessary for himself, wife, and children, not exceeding fifty dollars in value, and one bed, bedstead, and necessary bedding for every two such persons. 88 (0) Cloth purchased for a coat, carried to a tailor to be made into one, and cut out, is exempted.88 Second. All family portraits, all bibles and schoolbooks in actual use in the family; one copy of the statutes of the State, and a library not exceeding a hundred and fifty dollars in value.88 83 Wallace v. Barker, 8 Verm. 440.-84 Drake on Attachment, 250.-85 Bond V. Ward, 7 Mass. 123.-86 Wilds v. Blanchard, 7 Verm. 138; Drake on Attachment, $ 250.87 Mack v. Parks, 8 Gray, 517.-87a Nichols v. Valintine, 36 Me. 322.88 R. S. c. 81, § 59. Third-All his interest in one pew in a meeting-house where he and his family statedly worship.88 Fourth. One cooking-stove; all iron stoves used exclusively for warming buildings; charcoal, and not exceeding twelve cords of wood conveyed to his house for the use of himself and family; all anthracite coal not exceeding five tons; all bituminous coal not exceeding fifty bushels; and ten dollars' worth of lumber, wood, or bark.8 88 Fifth.-All produce of farms until harvested; one barrel of flour; corn and grain necessary for himself and family, not exceeding thirty bushels; all potatoes raised or purchased for himself and family; and all flax raised on à half acre of land, and all articles manufactured therefrom for the use of himself and family. 88 (2) If the debtor be unmarried, or has no family depending on him for support, but is a boarder, or in such a situation that he can have no design to use corn or grain as food for himself or his family, those articles are not "necessary for the sustenance of himself and family,” and are not exempt.89a (9) The exemption does not extend to those species of grain which may, by sales or exchanges, indirectly contribute to the same end, when they are, by their nature and the general custom of the community, not suitable to be used in the making of bread, and are not so designed by the owner; such are oats.89a Sixth. The tools necessary for his trade or occupation, and one sewing machine not exceeding one hundred dollars in value for actual use by himself or family.90. (r) The exemption of tools necessary for his trade is a privilege given by law to the debtor, which he may waive; and if he assents to the attachment of them, it is not wrongful.91 (s) A mili-saw is not a tool within the meaning of the statute, and is not exempt.92 (t) Neither is a peg-machine; articles correctly designated by the use of the word "machine," in popular language, cannot be considered as "tools." 93 Nor are types and forms.94 (u) Neither are a mechanic's tools rendered liable to attach 88 R. S. c. 81, § 59.-89 Ordway v. Wilbur, 16 Me. 263.-89a Blake v. Baker, 41 Me. 78.-90 R. S. c. 81, § 59.-01 Hewes v. Parkman, 20 Pick. 90.-92 Batchelder v. Shapleigh, 10 Me. 135.93 Knox v. Chadbourne, 28 Me. 160.-94 Danforth v. Woodward, 10 Pick. 423. ment by his temporarily suspending the exercise of his trade with an intention to resume it.95 (v) A violin and bow of a debtor whose sole business is that of a musician, as a member of a military and quadrille band, and who obtains most of his support by playing upon his violin, are exempt.96 Seventh.-One pair of working-cattle, or instead thereof one pair of mules, or one or two horses not exceeding in value three hundred dollars, and a sufficient quantity of hay to keep them through the winter season. If he has more than one pair of working-cattle, or more than one pair of mules, or if the two horses exceed in value three hundred dollars, he may elect which pair of cattle or mules, or which horse shall be exempted. If he has a pair of mules or one or two horses so exempt, he may also have exempt for each of said horses or mules, one harness not exceeding twenty dollars in value; and one horse-sled not exceeding the same value; but if he has at the same time an ox-sled, he may elect which sled shall be exempt.97 (w) Under this section a bull used for work is exempt, although the owner has no other cattle.98 So is a colt when the debtor owns neither oxen nor horses, of the statutory value.99 If a debtor has the opportunity to make the election specified, and fails to do so, he will be deemed to have waived his right to hold either horses or oxen exempt from attachment.99 Eighth.-Two swine, one cow, and one heifer under three years old, or if he has no oxen, horse, or mule, two cows, and he may elect the cow or cows and heifer, if he has more than is exempt, ten sheep and the wool from them, and the lambs raised from them until they are one year old, and a sufficient quantity of hay to keep said cattle, sheep, and lambs through the winter season. 100 (c) A debtor is not entitled to have hay exempted from attachment for the use of sheep, unless at the time of the attachment he has the sheep.1 -- 101 Ninth. One plow, one cart or truck wagon, one harrow, one yoke with bows, ring, and staple, two chains, one ox-sled, and one mowing machine.1 102 95 Caswell v. Keith, 12 Gray, 351.-96 Goddard v. Chaffee, 2 Allen, 395.-97 R. S. c. 81, § 59.98 Bowzey v. Newbegin, 48 Me. 410.-99 Kennedy v. Bradbury, 55 Me. 107; Colson v. Wilson, 58 Me. 416.-100 R. S. c. 81, § 59.-101 Foss v. Stewart, 14 Me. 312.-102 R. S. c. 81, § 59. Tenth. One boat not exceeding two tons burthen, usually employed in fishing business, belonging wholly to an inhabitant of this State.1 103 (y) A debtor temporarily within the State is entitled to the benefit of the exemption statute except so far as is otherwise provided. 104 (z) An action cannot be maintained against an officer for attaching property exempt from attachment, but confused with property not exempt, unless the debtor sets apart or claims to set apart the property not liable to attachment.105 HOMESTEADS EXEMPT. 40. A lot of land and dwelling-house and outbuildings thereon, the property of a householder in actual possession thereof and not the owner of an exempted lot purchased of the State, is exempt from attachment and levy on execution, as provided in the following sections.106 41. Such person may file in the registry. of deeds in the county or district where the land lies, a certificate signed by him, declaring his wish to have such exemption, and describing the land and buildings; and the register, for the fees for recording deeds, shall record it in a book by him kept for that purpose; and so much of such property as does not exceed five hundred dollars in value shall be forever exempt from attachment or levy on execution issued on a judgment recovered for any debt, contracted jointly or severally by such person after the date of the recording thereof; and the record in the register's office shall be prima facie evidence that the certificate purporting to be there recorded was made, signed, and filed as there appears.107 (a) Where a householder claiming the benefit of the homestead exemption caused his certificate to be recorded after a judgment for costs had been entered up against him, the premises described in his certificate will not be exempt from the levy of any execution that may be issued thereon. And if the debtor so long neglects to pay the judgment that no execution can be issued, and a suit is brought on the judgment, the execution that afterwards issues may be levied on the premises, notwithstanding it includes interest and costs that have accrued after the recording of his certificate.108 103 R. S. c. 81, § 59.-104 Everett v. Herrin, 46 Me. 357.-105 Smith v. Chadwick, 51 Me. 515.-106 R. S. c. 81, § 60.-107 R. S. c. 81, § 61.-108 Mills v. Spaulding, 50 Me. 57. 42. When such property is claimed by a creditor to be of greater value than five hundred dollars, it may be seized on execution, and the appraisers shall first set off such part of the property as the debtor may select, and if he neglects so to do, as the officer may select for him, to such value, by metes and bounds; and shall then appraise and set off to the creditor, so much of the remainder as may be necessary to satisfy the execution; and the appraisers shall be sworn accordingly, and the officer shall make return of his doings thereon.109 43. After his death, the exempted premises shall not "be sold for the payment of his debts during the widowhood of his widow, or the minority of any of his children; but may be occupied by his widow during her widowhood and by his children during minority, free from any claim. by any creditor of his estate. But this and the three preceding sections shall not exempt such property from the lien of mechanics or material-men.110 44. Whoever purchases a lot of wild land of the State, for settlement (on conditions prescribed), and complies with the condition of purchase, may hold it with the improvements thereon, free from attachment and levy on execution, while he remains in actual possession thereof. The value so exempted shall not exceed one thousand dollars, to be set off to the owner in such portions of the lot as he directs, by the appraisers appointed to levy an execution, the same as real estate is set off and appraised on execution.1 111 45. On the decease of such purchaser, such lot and the improvements shall descend to his children, subject to his widow's right of dower, and shall not be liable to be sold for the payment of his debts, except in case his other property is not sufficient for the payment thereof; and, in that case, his children shall have the occupancy and improvement thereof, subject to the widow's dower, until the youngest surviving child attains the age of eighteen years. The remainder of the estate, after the life-estate of the widow, and after the youngest surviving child attains said age, may be sold as other estates of deceased 109 R. S. c. 81, § 62.110 R. S. c. 81, § 63.—111 R. S. c. 5, § 35, and Public Laws of 1872, c. 76. |