Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-09-14

odhAfupt, except as |
IS hereinafter provided who shall |
oy a decree Of the proper court |
De declared to be a bankrupt within
tins act, shall, by mere operation oil
law, lpso tacto, from the time of such
decree, be deemed to be Invested out
oil such bankrupt, without any other
act assignment or other CONVEYANCE
whatsoever; and the same shall be yes
ted, by force of the same decree. in
such assignee as from time to time
shalt be appointed by the proper court
Tor tins purpose: which power of ap-
pointment andremoval such court NAV
exercise at its discretion, totes quo
hes; and the assignee SO appointed
shall be vested with all the rights, IL
lies, powers, and authorities to sell.
manage, and dispose of the same, sub
Jectto the orders and direction of such
court, as fully, TO all intents and pur-
poses, as if the same were vested in, or
might be exercised BY, such bankrupt
before or at the time of his bankruptcy
declared as aforesaid; 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 eff
feet, as they might have been by such
bankrupt; and no suit commenced by
or against any assignee shall be abated
by his death or removal from office,
bur the same may be prosecuted or de
Tended by his successor in the same
office; Pfovided, hol0erer, That there
shall be excepted from the operation
of the provisions Of this section the ne
cessary household and kitchen furni-
ture, and such other articles and
necessaries Of such bankrupt as the
said assignee shall designate and set
apart, having reference in the amount
to the family, condition and circum-
stances of the bankrupt, but altogether
not to exceed in value, in any case,the
sum of three hundred dollars;and ,also
t the wearing apparel of such bankrupt
! and THAT of his wife and children
r and the determination Of the assignee
: in the matter shall, on exception ia
r ken, be subject to the final decision o
: said court.
t: Sec. 4 Ind be IL further enacted
n That every bankrupt who shall BON
e ide surrender all his property an
y rights of property, with the ex
s ception before mentioned, for tn
al benefit of his creditors, and sha
n faIly comply with and obey all the or
h ders and directions which may fror
e time TO time be passed by the prope
t, court, and shall otherwise conforr
y to all the other acquisitions Of this act
n shall (unless majority in number an
&c value of his creditors, who have prove
: their debts, shall file their written dis
'e sent thereto) be entitled to full dis
d charge from all his debts, to be de
J. creed and allowed by the court whic
/ has declared him a bankrupt, and
= certificate thereof granted to him b
such court accordingly, upon his pet
l. ton filed for such purpose; snch di:
;. charge and certificate, not, however
,, to be granted until after ninety day
v from the decree of bankruptcy, ne
: until after seventy days notice in som
Q public newspaper, designated by sue
l. court TO all creditors, who have prove
-: H. H.. P~rsUns III Int
( est, TO appear at a particular time an
i place, to show cause why such di
= charge and certificate shall not b
" granted; at which time and place an
1fl such creditors, or other persons In II
IS terest, may appear and contest tt
i right Of the bankrupt thereto: PrOr
/ ded, That In all cases where the res
= dence of the creditor is known, SCI
is vice on him personally, or by lettC
: addressed to him at his known usut
o. place of residence, shall be prescribe
,s by the court, as in their discretio
>. shall seem proper, having regard
- the distance at which the creditor IT
a. sides from such court. And if an
:. such bankrupt shall be guilty of an
II fraud or wilful concealment of h
n property or rights ofproperty, or sha
- have preferred any ofhis creditors cor
70 trary to the provisions of this act, G
" shall wiIfully omit or refuse 10 compl
; with any orders or directions of sue
- court, or to conform TO any other re
~ ouestes ofthis act, or shall, in the pre-
- ceedings under this act, admit fails
= or:6ctitious debt against his estate, b
&C shall! not be entitled to any such dl
10 charge or certificate; nor shall any pc
of sor, being merchants banker facto
=, broker, underwater, or marine inst
- rer, be entitled to any such discharg
= or certificate, who shall become banl
So rupt, and who shall not have kept pr'
- per books of account, after the passlr
3 ofthis act; nor any person who, att
~ the passing Of this act, shall apply tru
Il funds to his own use: PROVIDED, LII
ne no discharge fanybankrupt under tn
p: - act shall release or discharge any pc
~ son who may be liable for the san
no amman Joint contractor.