Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-07-14

inconsistent with the provisions oil tne
sacond and fifth sections of this act.
SEC. 3. Declares that all the prop
ertv Of bankrupt shall vest in the as
signee, by virtue Of the decree OF Inc
court that declares him bankrupt, ex-
cent some clothing and few articles
Of furniture, and also prescribes the
power of assignees.
SEC. a. Ind be Il further enacted,
That every bankrupt, who shall bona
fide surrender all his property and
rights of property, with the exception
before mentioned, for the benefit OF
his creditors, and shall fully comply
with and obey all the orders and direc-
lions which may from time TO time be
passed by the proper court and snail
otherwise conform to all the other re-
ouisitions of this act, unless majority |
in number and value Of his creditors
who shall file their written dissent
thereto. shall be entitled to full dis
charge from all bis debts, to be decreed
and allowed by the court which has de-
clared him a bankrupt, and certltl-
cate thereof granted to him by such
court accordingly, upon his petition HI
ed for such purpose; such discharge
, and certificate not, however, to be gran
ted until after ninety days from the de-
! cree of bankruptcy, nor until after sew
enty days notice in some public news
, paper designated by such court, to all
creditors who have proved their debts,
$ and other persons in interest, TO APP
pear at a particular time and place, to
e show cause why such discharge and
: certificate shall not be granted, at which
h time and place, any such creditors OF
r other persons in interest may appear
: and contest the right of the bankrup
5 thereto.
/ Provided, That in all cases where
1t the residence ofthe creditor is known
5, service on him, personally, or b,
Is letter addressed to him at his know
Of usual place or residence, shall be pre-
oil scribed by the court as in their discre
m ZION shall seem proper, having regar
g to the distance at which the credlto
I'd resides from such court. And if an
SO such bankrupt shall be guilty Of an
lg fraud or wiIful concealment of hi
~ property or rights ofproperty, or sha
ne have preferred any of his creditor
IL contrary TO the provisions of this &C
~ or shall wil(ully omit or refuse to con
ne ply with any orders or directions {
e. such court, or to conform to any otht
Is requisites Of this act, or shall, in Ii
ld proceedings under this act admit a fal:
or or fictitious debt against his estate, /
IS shall not be entitled TO any such di
Is, charge or certificate; nor shall any pc
ed son, being a merchant, banker, facto
or broker, underwriters, or marine insure
nd be entitled to any such discharge
cir certificate, who shall become bankru
u and who shall not have kept prop
ny books of account after the passing
nt' this act; nor any person who, after t
1s' passing of this act; shall apply trr
VI funds to his own use:
er' Proude,i, That no discharge Of a
TX bankrupt under this act shall relea
ay,' or discharge any person who may
lch liable for the same debt as partn,
ee' Joint contractor, endorser, surety,
ore otherwise, for or with the bankru
oil And such bankrupt shall at all tin
son be subject to examination, orally,
the upon written interrogatories, in and
ala fore such court, or any commission {
ect pointed by the court therefor, on Ga
the or, if conscientiously scrupulous of
} IN king an oath, upon his solemn afir
&c alton, in all matters relating to su
zoe bankruptcy, and his acts and doin
seq and his property and rights of prope
ned which in the judgment of such cot
'lSe are necessary, and proper for the p
poses of justice: and if, in any such {
ted' animation, he shall wilfully and C
les' ruptly answer, or swear, or aft
rty' falsely, he shall be deemed guilty
any perjury, and shall be punished the
OF for, in like manner as the crime Of p
CIV jury is now punishable by the laws
OF the United States; and such dischal
lor- and certificate, when duly grant
uch shall, in all courts ofjustice, be dee
Sc ed a full and complete discharge of
Oh debts. contracts, and other enga
wen ments, of such bankrupt, which
Il Oh proveable under this act, and shall
sous and may be pleaded as full and &C
cur plete bar to all suits brought in !
'lSl- court of judicature whatever, and
'em- same shall be conclusive evidence
tiis itselfin favor of such bankrupt, uni
ahA- the same shall be impeached for SO
sue fraud, or wilful concealment by
: as of his property or rights of property
.uP5 aforesaid, contrary to the provisi
"lul of this act; and if, in any case Of ba
GIVE ruptcy, a majority in number and
IS OF ue of the creditors who shall have I
we'd the If debts at the time of hearin
anu the petition of the bankrupt for a
rupt' charge as hereinbelore provided, 81
more at sush hearing, file their written
/, i'ion sent to the allowance of a discharge
: not certificate to such bankrupt, or if u
dc'' such hearing discharge shall no
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