Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-11

sonal, which may be valid by the laws Of
the States respectively, and which are not
inconsistent with the provisions of the
second and fifth sections of this act.
Sec. 3. And be 1t further enacted, That
all the property and rights of property,
of every name and nature, and whether
real, personal, or mixed, of every bank
rupt, except as is hereinafter provided, who
shall by decree of the proper court be
declared to be bankrupt within this act,
shall, by mere operation Of law, ipso facto,
from the time of such decree, be deemedto
be Invested out of such bankrupt without
any other act, assignment or other CON
veyance whatsoever, and the same shall be
vested, by force of the same decree, in
such assignee as from time TO time shall
be appointed by the proper court for this
purpose; which power of appointment and
removal such court may exercise at its
discretion, totes quotie5 and the assignee
so appointed shall be vested with all the
rights, titles, powers, and authorities to
sell, manage, and dispose Of the same. and
to sue for and defend the same. subject
to the orders and directions Of such court,
as fully, TO all intents and purposes as if
the same were vested in, or might be ex-
ercised by, such bankrupt before or at the
time of his bankruptcy declared as afore-
said: and all suits in law or in equity, then
pending, in which such bankrupt is party
may be prosecuted and defended BY such
assignee 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 as.
signee shall be abatcd by his death or re-
moval from Office, but the same may be
prosecuted or defended by his successor
in the same office; PrOrided. howercr That
there shall be excepted from the opera
ton of the provisions Of this section the
necessary household and kitchen furniture,
and such other articles and neccssaries Of
such bankrupt as the said assignee shall! de-
signate and set apart. having reference in the
amount to the family, condition, and cir
cumstances Of the bankrupt but altogether
not to exceed in value, in any case, the
sum of three hundred dollars; and, also,
the wearing apparel of such bankrupt, and
| that Of his wife and children: and the de-
termination 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, That
every bankrupt who shall bona fde surren-
der all his property and rights of prop
erty. with the exception before mentioned,
for the benefit of his creditors, and shall
fully comply 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
acquisitions Of this act. shall (unless ma
Iiority in number and value of his credi-
tors, who have proved their debts. shall file
their written dissent thereto) be entitled
to full discharge from all his debts. to be
f decrced and allowed by the court which has
, declared him bankrupt. and certificate
thereof granted to him by such court &C.
; cordingly, 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 by such
court, to all creditors who have proved their
f debts, and other persons in interest, to
| appear at particular time and place, TO
+ show cause why such discharge and certlf.
] cate shall not be granted; at which time and
= place any such creditors, or other persons
in interest, may appear and contest the
\ right of the bankrupt thereto: PrOrided,
e That in all cases where the residence OF
: the creditor is known, a service on him
: personally. or by letter addressed to him
0 at his known usual place Of residence, shall
: be prescribed by the court, as in their dis
: cretion shall seem proper. having regard to
G the distance at which the creditor resides
from such court. And if any such bank
Il rupt shall be guilty Of any fraud or wiIfu
e concealment of his property or rights OF
property, or shall have preferred any o
t his creditors contrary to the provision:
= to comply with any orders or direction:
n of such court, or to conform to any other
e requisites of this act, or shall. in the pro
r, ceedings under this act, admit false OF
r fictitious debt against his estate. he shall
n not be entitled 10 any such discharge oI
i certificate; nor shall any person, being ;
y merchant, banker, factor, broker. under
n writer, or marine insurer. be entitled Il
=, any such discharge or certificate. who sha
1t become bankrupt, and who shall not hav'
'r kept proper books of account, after tn
e, passing of this act: nor any person who
I'd after the passing of this act. shall appl
e trust funds to his own use: PrOrided, Tha
lie no discharge Of any bankrupt under hi
TT act shall release or discharge any pcrso
lie who may be liable for the same debt as
es partner, Joint contractor, endorser, suret
&c or otherwise, for or with the bankrupt
ID, And such bankrupt shall at all times be sui
nd Iect TO examination. orally, Or upon write