Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1842-02-15
BANKRuPr LAW

INtfe y. anu ntftnl ~. RsfQDlah-I
ed ihronghout the Unlted States n unilorm system
OF bSnkrop'ey' rs follows; All person. Whatsoever
residing IN any State. Disiricior territory of the u
ni'ed states. owing debts whichsshall nos have been
created IN consequence Of a delalcation as a public
ohce'' or rs executor. administrator. guardian or
trustee ar se'ing in any other fduciary capacity,
VINO snail by Peution. setting forth. 10 tho utmost OF
ms Ahowledge ard belief. n list OF his 80 their ere.
O to"' their respective places Of residence uad Z e
'honn'due to each. toyether with an accurate in
Ntniofy OF his OF their property. rights and credy.
OF every name. Kind and description, and the kica,
tior aud situation Of each and every parcel anil nor.
non hereoi. verified by oath or Affirmation. amply
70 me proper court. as hereinafter mentioned, for
inc benefit OF this act. aRI therein declar, them.
selves 10 De unable to meet their debts and engage
meh's' shau he deemed b~ankrupts within the pur.
view OF THIS act, and may be SO declared accord.
ihgiy oy a decree OF the said court. All persons.
oeihy merchants. or using the trade of merchandise.
all retailers Of merchandise. and all bankers. factors.
otoRers, underwriters or marine insurers owing
deo's TO Of not less Ihln two thousand
dollars shall be liable TO become hankrnp,s within
the true intent and meaning OF this act, and NAV.
upon the petition Of one or more OF their creditors
10 whom thev owe debts amounting ia the whole
TO mol less than five hundred dollars, 10 the appn-
pirate court. be 70 declared accordingly. In the
following cases, To wit. whenever such person. be-
ING a merchant, or actually using the trade Of mer.
clialdise. or being 4 retailer Of merchandise, or be.
ing a banker. broker factor, underwater or marine
Insurei' shall depau from the State. District or
Territory Of which he is an inhabiiunt, Nth an in
tent TO defraud his creditors; or shall conceal him.
sell to avoid being arrested; or shall willingly OF
iranduieuiiy procure himself 10 be arrested. OF his
goods aud chaiiels. lands or tenements, To DO attach.
co. restrained. seqdeslcred or taken in execution:
orshall remove his good. chniiels. and effects. or
eoneeal 'hem to prevent their being levied upon or
'aken IA execution. or by other process; OF make a.
ny fraudulent conveyance. assignment, sale. gin or
other transfer OF his lands, enemenis goods or
eha"els' credits OF evidences Of debt. Provided,
ho"erer That any person so declared n bankrupt Of
me instance OF n creditor; may. ut his election, by
petition To said court wIIhin ten days after its de-
cree be entitled To a trial toy jury before such court
10 ascertain the fact OF such bankruptcy; or il such
person shall reside al a great distance from The place
"i holding such court. the sad Judge. in his diScre.
h"n' may direct such irinl by jury 10 be had in the
county ut such penon's residence in such manner
aud under such directions as the said court may
prescribe and give; and all such DEGREES passed by
'uch court. and not 50 re-e1amined, shall be deem.
ca hnal and conclusive rs 10 the subject mattel
thereof.
Slc.2. Ind Be itfartIsr enacted. That all future
payments, securIiie,. conveyances, or transfers oil
properly or agreements made or given by any
bankrupt IN contemplation of bankruptcy. aud fl
~ 6NAhE MY tAthiNufs tllbFscTs ufil
or other persnn any preference OF priority over the
general ercdiiOrs Of such bankrupt; aud ali Other
payments, securities, conveyance, or transfers OF
property, or agreements nude or given by such
bankrupt In contemplation Of bankruptcy, 10 any
Pesson whatever. not being a bona g. e creditor or
purchaser for a valuable consideration without no
lice. shall he deemed utterly void. and a fraud on
THIS ACT; and the assignee under the bankruptcy
shall be entitled 10 claim. sue for. recover and re-
ceive the same Us part OF the assets Of the bank.
rup'cy; and the Perspn making such unlawful pref.
erences aad payments shall receive no discharge
undeihe provIs o1' Of this &C; Drpr1eI, TAT all
dealings aud ,ransaciioas by and with ANY bankrIpr
bona fde made and entered into more than two
mont s before The potition flied against hin. or by
him shall not DO inyalidateI or Cfectcd by this aci
Prgride9 That the oIhe party in ans such dealings
or transactions had notice ola prior act Of bankrupt
cy,o Of the Iureaiipn Of Tho bankrupt TO tlk- he
benefit of TINS act. And IN Gaze i, shall he made
! 10 appear Io The cnurt. IN course OF prJreejInss OF
bankruptcy. Tint tho bankrupt. hs applicliiJn being
voluntary, has subsequently, 10 the iirsl day of jam.
airy last or al any other time. "a cIniem2 lai.on Of
ne plsSago OF u blnkrupi law. b. assignment or
otherwise. given or secured any preference Ia one
~crHiitor over another. H. shall M, receive A DIS.
charge unless the same be assented 10 by a mi r..
~ in interest Of those nf his credit IS who have
been 30 preferred. And prouidii. also. that nothing
ia Tins act cuniaiIed shall be construed To annul.
destroy or impair any lawful rights OF married wo-
men or minors. or any liens, mortgages. or any 9th
or securities uPon properly. real er personal. which
may be Wild by the laws OF the Slater respectively,
and which are not inconsistent with the p,ovIsion.
If the second and fifth sections Of this act.
Sec. 3. Aaa be a further enacted. That oil the
pe"periy aud rights oi property. Of every name and
nature aud whether real. persoRal o. mixed. Uf ev.
cry bankrupt except as Is hereinafter prov ided. who
snail oy a decree OF the proper court be declared
10 be a bankrupt within This aci, shall, BY mere on
Grafton Ofllw. Ipso facto. from The time Of such de.
cree, be deemed TO be Invested Out Of such bank,
ruPi' Without any other act. assignment. or other
conveyance whatsoever; and the same shall he yes
ted, by force pf The same decree. in such assignee %
from lime TO lime shall be appointed by the proper
court Tor this purpose; which power Of appointment
and removal such court may exercise al its discre.
ton. 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 10 sue for and defend the same, subject 10 the
orders and directions of such court. as fully. 10 ali
inienis and purposes, Us if the same were vested IN
"r might be exercised by. such bankrupt before n
at the time Of his bankruptcy declared as aforesaid
and all suits In law or in equity, now pending, In
which such bankrupt is a party. may be prosecuted
and defended by such assignee to their final concIu
son. IN The same way. and with the same effect, a.
they might have been by such bankrupt; and nc
W VI aEdihaA any uSrlgnee shall ~
ahaied by his death or removal from office, but the
same may BE- prosecuted or defended by his successor
IN The same Office; Provided. however. That there
SHAH be excepted from Tho operation Of The provis
IONS Of this section The necessary household and kit
chen furniture, and snch other nIicles and necessa
res Of such bankrupt rs the said assignee shall De
s'gnaie and set apart. having reference in the q
mount 10 the family condition. and circumstances o
tho bankruOi, bot altogether not 10 exceed in value
IN any case. the sum OF three hundred dollars; ant
alo' The weanny apparel Of such bankrupt. anC
That ufhis wife a c~hIldren; e. The determination Of
he asignee IN the malter shall, on exception taken
be subject 10 The final decision Of said court.
Sec. 4. And Be Il further enacted, Thar ever
%bnnkrupi who shall bona fde surrender all his pro
perry. With the exception before mentioned. for TN
benefit oi his creditors. and shall fully comply with
nnd obey al Tho orders and directions which ma,
iiom lime 30 time be passed by The proper court. aSl
shall oiherwise conform 10 81 The other fequisition,
~ ihis act. shall unless n maturity in number and
value Of hs creditors. who have proved their debts
shall ne their written dissent Ihereio) be entitled %
. foil discharge from 80 hs debts. 10 he deereed AID
slioSed BY he court which has declared him a
hankfupt. and q ceuihcafe hereof granted 10 him b,
/ sad rfaIm aerrnfrrrfv uusyu hs ,.ftt;... ell e.,