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The Florida Agriculturist.
A JOURNAL DEVOTED TO STATE INTERESTS. Vol 1. t'vKelsß Forced >Sulc ITnderMori ora geaon Homesteads; Yellow Fever; Orange Kid.4?e Aerieultural and Immigration Society; Time to Eat. f’aue 154 —Daisy Picking, poetry; Takeu at His Word ; The First Private: Mr. DoV soa’sExperience with a Dog; Recipes. Page 155 —Legal Notices; Advertisements. Fasa 155—Experimental Agriculture; The Hruuadilla; Month California Fair ; Re- Juiri.on Insects; Two Agricultural Papers United; The Lagetto or Lace-bark Tree; Ftoridianu. I‘age 15? —Locals; Advertisements. I'ago 158—Strawberry Culture; State Fair Committee; The Utilization of Weeds; How to Prune; The Beggar Weed; .lute Culture. Pago 159 Building up a Business; A Cur ious Insect.: Advertisements. Page ICO—Telegraphic ; Advertisements. Forced Sh!d I'lider Mortgage* on Homesteads. Tan homesteads be mortgaged and is it. necessary foV the wife to join in the mortgage V The question baa excited much interest in some sec tions of the country. In the -South ■rmLmt Rcvmo. , Vol. TV., N. S. No, TANARUS, a very learned and instructive ar ticle on the Effect of Exemption Laws on Fraudulent Conveyances, presents the subject, as lkr as ft goes, in ft clear and forcible light under the laws of iraud. There are Other points connected with homestead ex emption which have come under the judicial investigations of the writer which may not be uninteresting to the bench aud the bar. In many of the States a certain amount ol property, real and person -t?, IS The meaning of the term “forced *ale”has received judicial explanation. The Supreme Court of the State of California hasnlccided that a “forced sale is not synonymous with a sale on execution. The latter may be, and often is, voluntary in every respect. * * * Its quality, as being volun tary or forced, depends act on the mode of its execution, but upon the presence or absence of the owner.’’ Pe'ttereon v. llbrnblowcr, ;J.’> Cal. 20G The court, in this case, held in relation to the homestead which had been mortgaged :—“The home stead was not forced upon him, but he was at liberty to av ail himself of its protection or not, at his election : the consent of his wife, if he was a married man, being required in order to secure to her also the protection of the homestead exemption." This was under the requisites of the Con stitution of California. It Las been hold in Texas that any sale is a forced sale. The courts of that State hold that the exemption laws are designed to protect the man and his lauiilv in the enjoyment of such property as is legally exempt, and that the mortgage cannot have ilie aid of a court to enforce his contract. It was held in the New Fork Court of Appeals, by Mr. Justice De nio, that a stipulation iu a promissory note “waiving and relinquishing all right of exemption of any property I may have from execution on this debt,” is void as against- the policy of the law exempting property from sale on execution which w as designed for the protection of poor men and their families. On principles of equity, the case of I’ratt v. Barr, 5 Biss., is clearly right. The debtor purchased goods on credit and then sold hie entire stock, receiv ing iu part payment the premises which he claimed' as a homestead. The creditors filed a bill to have the property sold to satisfy thoir debts. • The court said : “The mere state ment of the facts decides the case in the conscience of every honest man, that neither iu law nor justice the exemption should ba allowed. The defendants can net expect the courts to assist them in consummating the intended fraud. A party cannot turn that which is granted him for the comfort of himself and family into an investment of fraud.” The majority of the decisions, State and Federal, sustain the principle laid 1 down in Pratt v. Barr, cited svpra. We find in a very well written opinion by Randall, <J. J.—Petterson v. Taylor 15 Florida: “An exemp tion of property from sale by pro cess of law is a personal privilege which mar be waived by the owner of tile property conveying an interest by means of an absolute ot defeasible conveyance of property otherwise exempt from such sale.” This was a mortgage of personal property, and it- was decided that it was not competent for the mortgagor to claim that the property was exempt from sale under a decree of the court ’foreclosing the mortgage, the mort gagor claiming that it was exempt under the constitution from the forced sale. The court very wisely said: “We do not believe it was the intention of the constitution to deprive the citizens of the common rights and privileges pertaining to loss in tht-ir poverty, beyond its ex press provisions, aud the evident in tention must control our construct ion of its language without doing violence to it. * * * And where a borrower obtains a loan ol money by a pledge and consent, legally given, that certain specified property which was pledged as security, and without which the loan would not have bceifobtained,will be sold to pay the debt, the law providing the rent cdy is before the debtor when the pledge is given, and enters into the contract, and can not he changed so as to effect the contract. Both part ies have assented to it, and the act ion of the court is but carrying out specifically what has been consented to: so that a docrc-e of the court, instead of affecting a forced sale? merely, compels the parties to abide by their specific agreement, and flic sale i.> decreed in pursuance of that aontract.” The clause in the consti tution of the State of Florida, under which the above decision was made, says that “ one thousand dollars worth of personal property * * * shall be exempted from forced sale under any process of law. ” In a well discussed case, a clause in the statute of Illinois, exempting homesteads “from levy and forced sale under any process or order from any court of law or equity.” was con strued not to exempt from sale under a power given in a deed of trust. Dawson v. Ilayden, G 7 111. 52. The homestead exemption is en tirely the creature of the statute laws of the different states. It is carved out of the real estate owned by the husband, father or mother, or other head of the family. By com mon law, the wife has no interest in her husband’s estate, except dower. Iu relation to the right of the hus band, or of husband and wife com bined, to alienate the homestead, we •m* -- ... DeLand, Florida, Wednesday, September 25, 1878. are compelled to look to the statute under which the question may arise. The right of homestead, which has been established with greater or less stringency in at least thirty-four of the states, partakes more nearly of the character of an estate lor life than any other, and is treated as coming within the category. 1 Wash burn on Real Property, p. 84-2. Washburn on Real Property con tains a series of the most useful chap ters on homesteads yet published. The frequent clauses in the law on this subject render it necessary for the lawyer to make references to the statutes, or else ho may be misled by the author; indeed, he cautions his readers against the error he may fall into. Wo say this without dis paragement to the great work of the author from Whom we quote with pleasure and satisfaction; “When it is sought to dofine the nature and character of the property or estate which one has in the homestead which the law creates in his favor, and what rights and duties are at tacked to the same, it will be found difficult to do lucre than borrow the laoguago of the statutes a.nd of the courts in construing them in the different States.’ 1 Washburn on Real Property, p. 3SO. The same author adds; “This homestead es tate is, nevertheless, the subject of sale, mortgage, release, and, in some states, of WDmt lost bv abandon ment. ABC Htofec* uil<w ... into the mode in which a conveyance may be made, and how the right of homestead may be lost or aban doned.” 1b.,v01.1, p. 405. “The same diversity prevails m the different states, as to how far and by what means a homestead right once ac quired can be lost by abandoning the premises, though, as a general proposition whenever anew home stead is gained a prior one is lost.” lb.', vol. i, p. 420. The various states have scarcely the same statutes in any two instances clearly alike on this subject, yet they are quite uniform in their relation to the rights of the wife, and that she has an interest therein, and that she can relinquish, mortgage or abandon it. The decisions and opinions of the different state courts on this subject would make a large volume. They frequently disagree, merely on ac count of the different statues. The field of American jurispru dence is full of efforts at fraud, la this particular department many at tempts have been and are being made to perpetrate fraud on the homestead and exemption laws. We are pleased to find the great weight and pre dominancy of the decisions, though favoring and respecting exemption laws as alike necessary and humane in behalf of poor and suffering fami lic*, yet firm, consistent and honest in resisting the numerous phases of fraud which they assume. In relation to forced sales, the weight of authority, and we think the force of logic and justice, is that the exemption of homestead or other property from forced sale doe:s uot, nor ought it to apply to sales made under a decree of the courts fore closing a mortgage, or any decree made on a legally executed contract alienating or subjecting to sale prop erty otherwise liable to homestead i or exemption laws.— Wm. Archer Cocke in Central Jmw Journal. Yellow Fever. A lady correspondent, sends us the following treatment of yellow fever. Fortunately there is uo case of the kind in the Stale, but ;u* we have many subscribers in the fever part, wo pub lish it in hopes of its doing good some where else. SYMPTOMS AND TREATMENT OK YKL-j LOW PE VEIL Headache, pain in back and bones. | sometimes a slight shivering at first, then flushed face, eyes inflamed aud often blood-shot, pulse full and quiek, skin dry and feverish. Sometimes sickness of the stomach, bat not often in the beginning of the disease. TREATMENT. As soon as tho above symptoms are felt, get to bed as quickly as pos sible. Cover up with blankets, put a cap fall of mustard in a loot tub of hot water; put it in the bod under the clothes—patient lying on the back. Keep the feet in it fifteen minutee. Then givo a simple dose of medicine (citrate of magnesia). A bottle may lie taken at an interval of ono or two hours. Keep up a gentle perspiration as long as the fever lasts. It the skin becomes dry give another foot bath. Keep the patient quiet and free from excitement. Watch closely and keep the bedclothes on. If delirious keep the clothes wet frequently with ice water. Let the drink be ieo water or ice lemonade—but do not give enough to disturb the stomach. Do not give 1 bbwels"‘db nb^lK-f I £jtp, all means keep the patient quiet. The fever never entirely subsides before seventy-two hours from the time it comes on. At the end of that time there is almost always nausea, but prevent vomitin'/, by a mustard poul tice over the chest. Ice pounded like snow is grateful to the patient. If weak when the fever goes off’, a teaspoonful of good spirits iu a little sugar and water may be given every half hour. One or two grains of qui nine may also be given with good tonic effect. While the fever lasts for the first three days give no. food. After the fever has gone and stomach quic-t (that, is about the fourth or fifth day) and there is no more relapse food may be given of the lightest kind, and in small quantities, say beef tea, chicken tea, rice, gruel, corn starch, a little tea. toast, etc. Do not get up until after the eighth day, no matter how well you fec-1, lor a relapse is apt to prove fatal. One suffers so little in yellow fever that they think they are well when they are not. flood nuraing is more potent than medicine. If taken in time it- is easily managed. Orange Ridge Agricultural Emi gration Society. There was an earnest gathering of our best and most public spirited citizens last Saturday, lor the purpose of co-operation in agricultural and pomological pursuits, and to decide upon the best plan for imparting to the many immigrants seeking homes in Florida, all needful and reliable information lor their guidance and assistance. They formed an organi zation under the above title, and elected the following officers: President, Dr. Bonnet. Vice Presi dent, Dr. Voorhis. Local Secretary, John W. Cannon. Corresponding Secretary Nelson R. Scovel. Treas urer, Harrison Jones. Executive committee, Dr. G. W. Lancaster, John Rich Mr. Broome, county sur veyor, Herman Brown and Judge Lowrie. The report, of the executive com mittee. embodied the following, as part of the objects of the association. To favor proper immigration, to ex tend necessary advice, and informa tion. fully and impartially to all new , settlers, an oversight to needful roads and their proper repair, to ex ercise appropriately influence for the morality, progress and prosperity of the community. Thu meetings are to be held every Saturday at 1J o'clock t*. M.,' next- Saturday the 28th, being the first under the new organi sation. Juwl before adjournment the fol lowing timely resolution was unani mously adopted: “Having confi dence i the FIOSIIM AGRICCLVI,J4- UT : wo cordially recommend it to all seeking'trustworthy information. NBI,BO Kf ft. SCOVKL. Corresponding Secretary. Tux Tnnc to Cat.—ln a paper read at a domestic economy congress at Birmingham, Kngland, not long ago, Dr. Wilson gave the following hint** on the proper times for eating for different classes ot workers. For the active oat-door laborer and arti san, an early breakfast before work, a mid-day dinner, with :ui interval of rest, and sapper after the* day’s work is over, have long been proved by experience, to be the most condu cive to health. For the business man a later breakfast, a mid-day luncheon and a. late dinner after the day’s work *•- **-’ •-**• mui<^wU4vutt For literary raei), who write more in the evening than daring the day, an early dinner and a light supper will be found to be the most advantageous for steady work. Idlers, to enjoy life, if they possibly can, should dine early if they intend to spend tJ, eve ning at theatres and the like, Ln* if they accept dinner invitations k ly they should be very careful -not to eat too much at the mid-day meat. The breakfast hour should be deter mined, in a great measure, iy the* hour of rising : but in any can** food should be partaken of, before the material business of the day is com menced. Those who like to take a “const it utienaf before breakfast., would find their appetite whetted and their walk made all the n rc- enjoya ble if they took a little milk, or cafe ait /ait, with bread or biscuit, before stari’Hg. Work done before break fast, is always irksome and fatiguing, and on tiiat account it is very likely to be badly done. The last meal should be sufficiently late for the whole not to be absorbed before re tiring to rest. To a person in health three meals a da\ ought to lie quite sufficient, and. the practice of contin ually taking something,” is sure to bring on indigestion —What is this world ? A dream within a dream. As we grow older, each step has an inward awakening, The youth awakes, as he thinks, from childhood—the full grown man despi ses tic pursuits of youth as visionary —the old man looks on manhood as a feverish dream. Is death the hist sleep ? No—it is the last final awak ening.—Sir Walter Mcott. — A sea captain, invited to meet tha committee of a society for the evan gelir.ation of Africa, when asked “ Do subjects of King Dahomey keep bun day ? ” replied. Yes, and everything else they can lay their hands or. 1 ' No. 20.