This is a petition to review tbe decision of tbe district judge for tbe Northern district of California affirming tbe report of tbe referee that a horse and wagon, the property of tbe petitioner, are not exempt from execution. Prom tbe evidence in tbe case it appears that tbe petitioner’s trade was that of bouse and sign painter, but that be bad not done any work as sign painter for three years, and but one job as house painter within two years; and it is claimed that upon this testimony tbe decision should be affirmed. It is enough to say upon this point that the petitioner’s claim of exemption is not based upon this ground. It arises upon tbe testimony of tbe petitioner, reported by tbe referee as follows:

Tbe referee in his report found as a fact:

Did tbe court err in deciding that, upon tbe evidence and findings reported by tbe referee, tbe horse and wagon were not exempt from execution? Section 6 of tbe bankruptcy act of 189S provides that:

Tbe statute of California applicable to this case declares tbe following property to be exempt from execution:

*333 Statutes exempting personal property are remedial in their character, and should be liberally construed by the courts, because they are intended to protect the debtor, and enable him to follow his vocation, and earn a support for himself and family. In re McManus’ Estate, 87 Cal. 292 , 25 Pac. 413 , 10 L. R. A. 567; 1 Freem. Ex’ns (2d Ed.) p. 606, § 208, and authorities there cited. The term “other laborer” of course, means one who labors by and with the aid of his team. Brusie v. Griffith, 34 Cal. 302 . But it is not necessary, in order to secure an exemption of the property, that the use of the team should be the petitioner’s only means of earning a living for himself and family. It is enough for him to show that he uses the team as a laborer, in a line of business similar in its character to the specific occupations named in the statute, and that such use is necessary in order to enable Mm to earn his living, The petitioner, in our opinion, has clearly brought himself within the exemption clause of the statute of California, and is entitled to the protection which its humane and beneficent provisions afford. The testimony and findings of the referee show that he is one who labors in a toilsome occupation; that the use of the horse and wagon is necessary to enable him to carry on that occupation; that it is the occupation which supplies the means of living for himself and family'. This being true, it follows, from reason and authority, that it must be said that he is a laborer who earns his living by the use of his team as well as “by the sweat of Ms brow,” and is therefore entitled to the exemption lie claims.

In Stanton v. French, 91 Cal. 274 , 27 Pac. 657 , where the claimant and liis wife were engaged in conducting a bakery upon a limited scale, and sold bread at their place of business, and the plaintiff also peddled bread throughout the town, and at the railroad depot upon the arrival of the trains, and in the interim did odd jobs with his team for .hire, the court said:

In Tank-Line Co. v. Hunt, 83 Iowa, 6 , 48 N. W. 1057 , 32 Am. St. Rep. 285 , 2 L. R. A. 476, the court, in construing a statute similar in its provisions to the statute of California, where the debtor was engaged in selling oils, and had a place of business known as “headquarters,” from which he delivered his sales by the use of a horse and wagon, which he claimed was exempt from execution because, by the use thereof in his business, it was Ms means of earning a living in conducting his business, among other things pertinent to the case in hand said:

The decision of the district court is reversed, and the cause remanded, with instructions to the court to enter an order herein in conformity with the views expressed in this opinion.