The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-09-14

vi SNOiy Oohhiupt, CASCpt % II 10 hSiS-
matter provided, who shall by decree Of the
proper court be declared 10 be bankrupt with
in this act, shall, by mere operation of law, ipso
facto, from the time of such decree, be deemed
10 be Invested out of such bankrupt, without
any other act, assignment, or other conveyance
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 ex-
ercise at its discretion, totes QUOTES; and the
assignee so appointed shall be vested with all
the rights, titles, powers and authorities to sell,
and dispose of the same, and 10 use
for and defend the same, subject TO the orders
and directions Of such court, as fully, 10 all in
tents and purposes, as if the same were vested
in, or might be exercised by such bankrupt be.
fore 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 as
signee 10 their final conclusion, 10 the same
way, and with the same effect. as they might
have been by such bankrupt; and no suit com.
menced by or against any assignee shall be a
bated by his death or removal frem office, but
the same may be prosecuted or defended by
his successor in the same Office; Provided,
however. 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 necessares of such
bankrupt as the said assignee shall designate
and set apart, having reference in the amount
to the family condition and circumstances of
the bankrupt but altogether not TO exceed in
any case, the sum of three hundred dollars
and also. the wearing apparel ofsuch bankrupt,
and that of his wife and children and the de.
termination of the assignee in the matter shall,
on exceptions taken, be subject to the final de-
cision Of said court.
Sec. 4. find be ii further enacted, That every
bankrupt who shall bona fide surrender all his
property and rights Of property, with the excep-
ton 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 lime be passed by The proper court,
and shol otherwise conform 10 all the other re-
QUESTIONS Of this act. shall unless majority
in number and value of his creditors, who have
proved their deb;s, shall file their written dis.
sent thereto) be entitled to full discharge from
all his debts, 10 be decreed and allowed by the
court which has declared him bankrupt, and
a certificate thereof granted to him by such
court accordingly, upon his petition filed for
such purpose; such discharge and certificate
not. however, 10 be granted until after ninety
days from the decree of bankruptcy, nor until
after seventy days notice in some public news.
paper, designated by such court, TO all creditors
who have proved their debts, and other persons
in interests, TO appear at particular time and
place, to show cause why such discharge and
certificate 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 Provided, That in all
cases where the residence of the creditor is
known, a service on him personally, or by let.
ter addressed 10 him at his known usual place
Of residence, shall be prescribed BY the court,
as in their discretion shall seem proper. having
regard TO the distance at which the creditor
resides from such court. And if any such
bankrupt shall be guilty of any fraud or wilful
concealment of his property or rights Of
property, or shall have preferred any of his
creditors contrary 10 the provisions of this act
or shall wilfuy omit or refuse to comply with
any orders or directions of such court, or to
conform 10 any other REQUESTS OF this act, oil
shall in the proceedings under this act, admit q
false or fictitious debt against his estate, he
shall not be entitled TO any such discharge Oh
certificate nor shall any person, being a mer
chant, banker, factor, broker, underwater. OF
marine insurer, be entitled to any such dis
charge or certificate, who shall become bank
rupt, and who shall not have kept proper books
of account, after the passing of this act; shal
apply trust funds 10 his own use: Provided
;. That 40 discharge of any bankrup, under thi
act shall release or discharge any person whit
may be liable for the same debt as partner
joint contractor, endorser. surety, or otherwise
for or with the bankrupt. And such bankrup
shall at all times be subject TO examination
IN and before such court, or any commission
appointed by the court therefor, on oath, or i
conscientiously scrupulous Of taking an oath
upon his solemn affirmation in all matters re
lating TO such bankruptcy and his acts anc
doings and his property and rights of property
which, in the judgment OF such court, are ne
cessary and proper for the purposes of justice
and if in any such examination he shall wilfully
and corruptly answer, or swear or affirm falsely
he shall be deemed guilty of perjury, and shall
be punishable therefor in like manner as The
crime of perjury is ow punishable by the law
of the United States and such discharge and
ceruncdte, when uuly grained, snall, IN al
courts of justice, be deemed full and complete
discharge of all debts. contracts, and othe
agreements ofsuch bankrupt which are prove
able under this act, and shall be and may o,
pleaded as full and complete bar to all suit
brought in any court of judicature whatever
and the same shall be conclusive evidence o
itselfin favor of such bankrupt. unless the SAINT
shall be impeached for some fraud or wiful con
cealment by him Of his property, or rights o
property, as aforesaid, contrary to the provis
ions of this act, on prior reasonable notice
specifying in writing such fraud or conceal
ment and if in any case of bankruptcy. &
majority, in number and value, of the creditors