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

lngin any other fduciary capacity,
who shall, by petition, setting forth. to
= pest OF his knowledge and belief a
list OF his or their creditors, their res
Pectlve places Of residence, and the
amout due to each, together with an
accurate inventory of his or their pro-
Perty' rights, and credits, of every
name' kind and description, and the To-
cation and section of each and every
parcel and portion thereof, verified by
oath, or, if conscienciousIy scrupulous
oitaking an oath, by solemn affirmation
apply to the proper court, as hereinaf-
ter mentioned, for the benefit of this
act, and therein declares themselves
TO be unable TO meet their debts and
engagements, shall be deemed bank
rupts within the purview of this act,
and may be so declared accordingly
by decree of such court, AK per-
sons being merchants, or retailers OF
merchandise, and all bankers, factors,
brokers, Underwriters, or marine insu-
rers, owing debts to the amount Of not
less than two thousand dollars, shall
be liable to become bankrupts within
the true intent and meaning of this act
and may upon the petition of one or
more OF their creditors, to whom they
owe debts amounting in the whole to
not less than five hundred dollars, to
the appropriate court, be so declared
accordingly, in the following cases, TO
wit: whenever such person, being a
merchantor actually using the trade OF
merchandise, or being retailer of mer-
chandise, or being a banker, factor,
broker, uuderwriter,or marine insurer,
shall depart from the State, District,
or Territory of which he is an inhabi-
tant, with intent TO delraud his credi-
ors; or shall willingly or fraudulently
procure himself to be arrested; OF
his goods and chattes, lands, or tene-
ments, to lie attached, distrained, Sc
questefed, or taken in executions; oil
shall remove his goods, chaItles, anC
effects, or conceal them to proven
their being levied upon, or taken il
execution, or by other process; o
make any fraudulent conveyance, as
signment, sale, gift, or other transfe
of his lands, tenements, goods, or chat
ties, credits, or evidences of debt
| Prouided, ho,ceUer, That any perso
SC declared a bankrupt at the instanc
of creditor, may, at his election, b
petition to such court within ten day
after Its decree, be entitled to a trl;
by Jury before such court, TO ascertai
the fact ofsuch bankruptcy, or il sue
person shall reside great distanc
from the place Of holding such cour
the said Judge, in his discretion, ma
direct such trial by jury to be had
the country ofsuch PERSONS residenc
in such manner and under such direC
tons as the said court may prescrib
and give; and all such DEGREES passe
by such court and not so re-examir
ed, shall be deemed final and conclr
sive as TO the subject matter there
of.
Sec. 3 Ind be 1t further enacted
That all future payments, securltle!
conveyances, or transfers Of property
or agreements made or given by an
bankrupt in contemplation Of bank
ruptcy. and for the purpose of givin
any creditor, endorser, surely, or OIL
er person any preference vi PIiuIir
over the general creditors ofsuch banl
rupt; and all other payments, secur
ties, conveyances, or transfers of pre-
perry, or agreements made or given b
such bankrupt in contemplation
bankruptcy, to any person or person
whatever, not being a bora fde cied
tor or purchaser for valuable consi(
Grafton, without notice, shall be deem
ed utterly void, and a fraud upon th
act; and the assignee under the banl
ruptcy shall be entitled to claim, SUI
for, recover, and receive the same
part of the assets Of the bankruptc,,
and the persons making such unlav
ful preferences and payments shall r.
ceive no discharge under the PROV
ions of this act: PrOrided, That a
dealings and transactions by and Wi
any bankrupt, bona fde made and el
tered into more than two moths beiol
the petition filed against him, or
him, shall not be invalidated or etfec
ed by this act: Prorided, That II
other party 10 any such dealings {
transactions had no notice OF Prl'
, act of bankruptcy, or of the intentlc
Of the bankrupt to take the benefit
this act. And in case 1t shall be mac
to appear to the court, in the course
, the proceedings in bankruptcy tn
tbe bankrupt, his application ben
r voluntary, has, subsequent to the III
i, day of January last; or at any 9th
|, time, in contemplation OF the passaj
Of a bankrupt law, by assignments
otherwise, given or secured any pref,
ence TO one creditor over another,
shall not receive discharge unie
the same be assented TO by major
...-r.f those of his creditors w