Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1841-09-16
visions OF the second aud filth sections of


+ all the property and rights Of property
r OF every name and nature, and whether
real, personal, or mixed, Of every bank
ruut, eXcep; as hereinafter provided, who
shall by decree Of the proper court b.
declared to be bankrupt within this act
shall by mere operation Of law ipso Iacto
from the time of such decree. be deem.
ed TO be Invested out of such bankrupt
without any other act, assignment, OF
any other conveyance whatsoever and
the sage shall be vested, by force OF the
same decree, in such assignee as from
time TO time shall be appointed by the pro.
per court Of this purpose which power
OF appointment aud remova Sucn court
may exercise at It's discretion, totes quo
lies aud The assigns 50 appointed shall
be vested with all the rights, titles, pow.
erS, and authorities to sell, manage, and
dispose oil the same, and to sue for and
defend the same, SabJecl to the orders and
: directions Of such court. as fully, to all
lntents and purposes, as if the same were
vested III, or might be exercised by, such
bankrupt declared as aforesaid /; and all
suits IN law IN equity, then pending, in
which Sach bankrupts is party, may
be prosecuted aud defended by such as
slgnee to their final conclusion, in the
same way, and with the same effect, as
they might have been BY such bankrupt
and no suit commenced by or against any
assignee shall be abaled by his death or
removal by office, but The same may be
prosecuted or defended by his Succe ssor
in office Provided, however, That there
shall be expected IRON the operation OF
provisions of this section, the necessary
household anG kitchen GurniidIe, and such
other articles and necessaries of such |
bankrupt as the said assignee shall de- /.
slgnate aud set apart, having reference T
IN the amount TO the family, condition and I
circumstances OF the bankrupt, but alto
gether not 10 exceed IN value, in any case,
the sum OF three hundred dollars AMI
also the wearing apparel Of such banh-
rupt, and that OF his vile and children,
and the determination OF the assignee IN
The matter shall, on exception taken, be
SUBJECT to the final decision OF said court
SEC. 4. And be it further enacted, Tha
every bankrupt who shall bona tide slr>
render all his property, with the excep.
lion before mentioned, for the benefit Of
his creditors, and shall fully comply with
aud obey all the orders and directions
which may from time to time be passed
by The proper court, ami shall othewise
CONFORM 10 all other acquisitions of this
ict, shall unless majority in number {
ma value OF his creditors, who have pro ;
red their debts, stall tile their written as /
enl thereto,) be entitled to a full dis 5
barge from all his debts, to be decreed G
nd allowed by the court who has decar. $
ID him bankrupt, and a certificate there a
f granted to him by such court accordly. Il
'pon his petition flied for such purpose I; b
UGH discharge and certificate not, howe Il
er, to be granted until alter ninety DAYS, S
rom the decree OF bankruptcy, nor unt, |.
iter seventy days notice in some public h
newspaper, designated by such court, to n
III creditors who have prove their ebts, |
nd other persons in interest, to appear n
| a particular time and place, to show a
ause why such discharge and certificate r.
houId not be granted ; al such time AMI IN
lace any such creditors, or other Der. o,
ons in interest, may appear aud contest iii
ne right Of the bankrupt thereto Pro. 81
lded, That IN all cases where the resi- su
ence OF the creditor is known, a service st
n him personally, or by letter addressed CT
hun at his known usual place Of res al
Tense, shall be prescribed by the court, he
5 in their discretion shall seem proper, ht
aVing regard 10 the distance at which the ed
redllor resides from such court. And if al
ny such bankrupt shall be guilty of any Sc
aud or wllIul cuncealment OF his pro ca
erty or rights of properly, or shall have Ct
any of his croduors contrary su
} the provisions Of this ac., or shall vii. sb
ally omit or refuse 10 comply with any al
'ders or directions of such court, or to ba
INFORM to any other requisites Of this al
It, or shall, in the proceedings under tn
is act, admit false or fictitious de1l a. de
INST his estate, he shall not be entitled III
any such discharge or certificate nor al
all any person. beng merchant, ban pr
n, factor, broker, underwater, or ma- co
ne insurer, be entitled to any such dis sol
arge or certificate, who shall become co
nkrupt, and who shall not have kept an
opcr books OF account, alter the pass SUI
oil this act; nor any person who, al IllC
he passing OF rthIs act, shall apply 10
list funds 10 his own use Provided, pr
rat no discharge Of any bankrupt under II
is act shall release or discharge any 81,
rson who may be liable for the same IN
b' as n partner, joint contractor, endors. PR
surety, or Otherwise Tor or with the un
nkrupt CO,
And such bankrupt shall at all times be the
beet to examination, orally, or upon the
tten interrogatories, in and before
=, onurt anu ,pn,nNi 4 I.l.