Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-09-16

Pcfsoiaiy VI uiIASu, "a 1FSiy auhiuPt, ga
cept as is hereinafter provided, who shall
by decree Of the proper court be declar-
ed to be a bankrupt within this act, shall,
by mere operation of law, ipso facto, from
the time Of such decree, be deemed to be
Invested out of such bankrupt, withou.
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 appointment and
removal such court may exercise at its
discretion, totes quotes; and the assignee
so appointed shall be vested with oil 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, 10 all inten,s and purposes, as if the
same were vested in, or might be exercis-
ed by, such bankrupt before or at the
time of his bankruptcy declared as aiore-
said and all suits in law or in equity,
then pending, in which some such bank.
rupt is party, may be prosecuted and de-
! Tended by such assignee to their final con-
cusiou, 10 the same way, and with the
same effect, as they might have been by
such bankrupt aud no suit commenced
by or against any assignee shall be abat-
ed by his death or removal from office,
but the same may be prosecuted or de.
Tended by his successor in the same office :
Provided, however, That there shall be
excepted from the operation of the provi-
sions of this section the necessary house,
hold and kitchen furniture, and such other
articles and necessares Of such bankrupt
as tho said assignee shall designate and
set apart, having reference in the amount
to the family, condition aud circumstances
of the bankrupt, but altogether not to ex-
coed in value, in any case, the sum OF
three hundred dollars and also the wear
ing apparel of such bankrupt, and that OF
his wife and children; and the determina-
ton Of the assignee in the matter shall, on
exception taken, be subject to the final
decision of said court.
SEC. 4. And be 1t further enacted, That
every bankrupt who shall bona fide sur
render all his property and rights of prop.
erty, with the exception before mentioned,
for the beneti, 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 a
majority in number and value Of his cred
tors, who have proved their debts, shall
file their written dissent thereto) be enti-
lied to a full discharge from all his debts,
to BIO decreed and allowed by the court
which has declared him bankrupt, and a
certificate thereof granted to hun by such
court accordingly, upon his petition filed
for such purpose such discharge and GER
tiicate not, however, to be granted until
after ninety days from the decree of the
bankruptcy, nor until after seventy days
notice in some public newspaper, designat-
ed by such court, to all creditors who
have proved their debts, and other persons
in interest, to appear at particular time
and place, to show cause why such dis
charge and certificate shall not be grant
ed ; at which time and place any such
creditors, or other persons in interest, may
appear and contest the right of the bank
rupt thereto: Provided, 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, as in their discretion shall seem
proper, having regard to the distance al
which the creditor resides from such court.
And if any such bankrupt shall be guilty
of any fraud or willul concealment of his
property or rights of property, or shall
have preferred any of his creditors con-
trary to the provisions of this act or shall
wlfullv omit or refuse 20 comply with
any orders or directions of such court, OF
to conform to any other requisites oil this
act, or shall, in the proceedings under this
act, admit IA false or fictitious debt against
his estate, he shall not be entitled to any
discharge or certificate nor shall any
person, being merchant, banker, factor
broker, underwater, or marine insurer
be entitled 10 any such discharge or GER
tifica,e, who shall become bankrupt, anC
who shall not have kept proper books o
account, after the passing OF this act ; MOI
J any person who, after the passing of this
act, shall apply trust funds to his own
use Provided, That no discharge ofany
bankrupt under this act shall release OF
discharge any person who may be liable
J for the same deb, as partner, joint cor
tractor, endorse., surety, or otherwise
for or with tho bankrupt. And such
bankrupt shall at all times be subject tt
examination, orally, or upon written IN
terrogatories, in and before such court, OIL
any commission appointed by the cour
therefor, on oath, or if, consclentlously
scrupulous of taking an oath, upon hi
solemn affirmation, in all matters relating
TO such bankruptcy, and his acts and do
ings, and his property and rights of pro-
perty, which, in the judgment Of suct
court, are necessary and proper for thu
purposes of justice and if in any suct
examination he shall wifully and cor
: ruptly answer, or swear or affirm falsely
J he shall be deemed guilty of perjury, anC
shall be punishable therefor in like man
ner, as The crime of perjury is now pun
ishabe by the laws of the United States
and such discharge and certificate, wher
duly granted, shall, in all courts of jus
tice, be deemed full complete discharg,
of all debts contracts, and other engage