Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-09-17

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not been so preferred And pro-d ID also, That no.
lining IN this act contained shall b. constructed to
nnnul, destroy, or impair any lawful rights of mar
RED women or hi loIs, or any liens oltpnees or
other securities on property, real personal, which
nny be valid by the laws Of the States respectively,
and which not inc nssicnt with the provisions OF
the second and fifth sections Of this act
Sec. g. And be hfurher enacted, That all the prop
erty and rights OF pr perry o. every name and nature
and Whistler real, personal or Mixed OF every bank
rnpt except a. is hereinafter provided, who sha by
decree OF the proper court he declared 10 be bank
rtpt within this act, nall, by mere operation Of law,
1850 acto, from e time Of such decree, he deemed TO
he Invested out of such ban rupl, without any other
act, assg ,nentor othf conveyance whaisoever; and
the same shall he vested, force Of the same decree
/ sdch sgnce MS from time to time shall be ap-
p,inled by the pforef court Tor this purpose, which
power Of disappointment and removal such court may
etercsG at its discreet tot,s quot cs an the assig
nee 80 appointed shall lie vested With all the rights,
titles, powers and authorities to sell manage, and
dispose Of the same, an TO sue for and defend the
same, subject to the orders and directions of such
court, as fully, to all nents and purposes, as if the
same were vested ill., or pght he exercised by, such
5aa rup, before or at the p,c of his bankruptcy de-
dared foreaaid and all suits IN law or in equity,
then pending, in which such bankrupt is party,
may be prescott and defended by such assignee TO
their final conclusion, in the same way, and with the
same effect, as they might have beenby such bank
rupt and no suit commenced by or against any as
sgnee shall be abated by his death or removal from
oiice, but the same may be prosecuted or defended by
his in the same Office Prorided ho,cercr,
That there shall be excepted from the operation of the
provisions OF this section the necessary household and
kitchen furniture and such other articles and neces
OF such bankrupt the said assignee shall des
lgnate and set apart having reference in the amount
to the family, condition. and cir unstances of the
bankrupt, but altogether not TO excede in value, in
any case the sum Of three hundred dollars and also
the wearing apparel of such bankrupt and that of his
" f. and chi d'en and the determination Of the as
slgnec IN the matter shall, on exception TAKEN be SUBJ
lect to the final dscislon of SAID court.
Sec 4. And be IT, further enacted That every bank.
rupt who shall bona de surrender all his property and
rights Of property, with the exception before mention
ed, for the benefit of his creditors and shall fully
ply with and obey all the orders and directions which
may from time to time be passed by the proper court,
and shall otherwise conform TO all the other requlsl-
tons of this act, shall unless majority in number
and value Of creditors, who haveproved their debts
shall file their written dissent hereto) be entitled 10
full discharge from all his debts, to be decrced and al
lowed by the court which has declared him bank
rupl; AMI a certificate tn rcof granted TO him by such
couit accordingly upon his petition filed for such
purpose, such discharge and certificate not however:
to be granted until after ninety days from the decree
OF bankruptcy, nor until after seventy days notice IN
some public newspaper, designated 10y such court to
all creditors who have proved their debts and oihe
persons IN interest, TO appear al particular time and
place, TO show cause why such discharge and certfi-
cate should not be granted; at which time and place
any such creditors, or other persons IN interest," may
appear and conte the right of the bankrupt thereto:
Prorided That in all cases where the residence of
the creditor Is known service on him personally,
or by letter addressed to him at his known usual
place of residence shall be prescribed by the court
gard to the distance at which the creditor resides
from such court. An ifany such bankrupt shall be
ty OF any fraud or wifi concealment of his prop
cty or rights OF propety or shall have preferred any
OF his creditors contrary T. the provisions of this act
or shall wllilt!y omit or refuse to cnmply with any
orders or directions OF such court, TO conform to
any other requisites Of this act shall in the pro-
eco ngs VI der tins act admit false or tc ous debt
against hi estate, he shall not be entitled TO any
such discharge or certificates nor shall any person
DO NJ merchant, banker, factor broker, underwater
ur marine insurer be entitled to any such dl.charae
or certificate, who shall become bankrupt, and who
shall not have kept proper books of account after the
passing ofthi-act; nor any person who after the
passing of this act shall apply trust funds to his
use Proridea. That no discharge Of any bankrup,
under this act shall release or discharge any person
VINO may be lab o Tor the same debt as partner,
JOINT contractor ell iOrser, surety otherwise; flr
with the bankrupt. And such bankrupt shall at all
times be subject to nation, orally, upon writ
ten ntcrrogatOrles IN and before such court any
commission appointed by the court therefor on oath
upon his solemn affirmation in all matters relating
to such bankruptcy, and his acts and dongs and his
property aud rights OF properly which, IN the judy
nent o! such court are necessary and proper for the
purposes of justice and in any such examination he
shall Wildly and corruplly answer, af-
firm falsely he shall be deemed guilty of perjury, and
shall be punishable therefor in like manner the
crime of perjury is punshabe by the laws of the
United Sta Is and such discharge and certificate,
when duly granted, shall in all courts of Justice be
deemed FIJI and complete discharge Of all debts
tracts, and other engagements OF such bankrupt,
which are proveable under this act, and shall be and
may be pleaded full and complete bar TO all suits
brought IN any court of ,dicatre whatever and the
shall be conclusive evidence of Itself in favor of
such bankrupt, un ess the same shall be mpeached
for some fraud or wlliul conceament by him of his
property or rights of property, aforesaid, contrary
to the provisong Of this act prior reasonable no.
tee s1eclfying in writing such fraud or conccalment;
and if in any case of bankruptcy, maj )ry in
number and value, of the creditors, who shall have
proved their debts at the time Of hearing OF the PETE
lion of the bankrupt Tor discharge as herenbeforc
provided, shall at such hearing file their written dis
sent 10 the allow nee o., lscharge and certificate
such bankrupt, or II, upon such hearing discharge
shall not be dccrecd to him. lhe bankrupt may demand
trial by jury upon proper issue 10 be directed by
the court At such time and place AMI N such manner
a. the co rt NAV order he may appeal from that
decision, at any time within ten days thereafter, TO
the circuit court next to be held for the district,
by simply entering IN the dlstrc. court, with the
clerk thereof upon rec prd, his prayer fDr an appeal
The appeal shall be ted AT the first term ofho circuit
court after il taken, unless, for sufficient reason, a
continuance be granted ; and it may be heard and
determined by sad court summary, or by Jury, at
the option OF a bankrupt; and the creditors may ap
pear and lcct against decree of discharge and the
allowance o! the ,ifcatc hcrenbeforc provided
to the satisfaction of the court the Jury shall find
that the bankrupt has made full disclosure and
render OF al his estate as by this act required and
has in all things conformed TO the lrec ions thereof
the shall make decree ofdlscharge, and grant
a certificate, as provided IN this act
Sec. 5. Aad be il .Grt1er enacted That all cred-
tors coming in and proving Their debts under such
bankruptcy IN the manner hereinafter prescribed the
beng bona fde debts shall be entitled to share
in the bankrups property and effects pro rata, with
out any priority or preference whatsoever except
only for debts due by such bankrupt to the United
States, and for all dcbs due by m TO persons who
by the laws of the United States, have preference
in consequence of having paid moneys his sure,es
which shall be frat paid out Of the assets; and any
perso who shall have performed any labor as an
operative in the service of any bankrupt shall be en-
ttlci 10 receive the full amount of the wages due 10
him for such labor noteyceoiing twenty five dollars
Procide', That such labor shall have been pcrforme
within six months next before the bankruptcy of his
employers and all creditors whose debts not due
and payable until future day. all annutants holders
of hottomry and respondantia bonds, holders of po
lcies Of Insurance, suretie- oniorsers bail other
persons, having IN 'ertain or contingent demands
a 5ains such bankrupt shall be permit ed 10 come in
and prove such debts CLAIMS under this act and