Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-02-22

ties, conyeya noes, or transfer of props
.erty or agreements made or given by
such bankrupt in contemplation of
bankruptcy, to any person or persons
whatever, nor being bona fide credi-
tor or purchaser for a valuable consid-
eration, without notice, shall be DEEM
ed utterly void, and a. fraud upon this
act;
8. And the assignee under the bank
rupfcy shall be entitled 10 claim, sue
for, recover, and receive the same as
par; ofthe assets of the bankruptcy;
| 8. And the person making such I'M
lawful preferences and payments shall
receive no discharge under the pfovis-
ions of this act;
10. Provided, That all dealings and
transactions by and with any bankrupt,
bona ide made and entered into more
than two months before the petition
fled against him, or by him, shall not
be .invalidated or affected by. this
actj
II. Prorided, That the other party
to any such dealings or transactions
had 20 notice ola prier act of bank
ruptcy, or of the intention of the bank
rupt or to take the benefit Of this act.
!. 10. And in case it shall be made to
appear to the cour, in the course Of
the proceedings in bankruptcy that the
bankrupt, his application being volun-
tary,. has, subsequent To the first day Of
! January last, or at any other time, in
contemplation ofthe passage Of a bank
rupt law, by assignments or otherwise,
given.or secured any prefeIenceto ons
creditor over another, he shall not re-
ceive discharge unless the same be
assen,ed to by majority in interest of
those OF his creditors who have been
so preferred.
/ 10. And provided, also, That Moth
ing in this act contained shall be con-
strued to annul, destroy, or impair any
lawful rights Of married women or mi
nors, or any liens, mortgages, or other
securities on property, real or personal,
(which may be valid by the laws. ot.the
States respectively, and which are not
Inconsistent with the provisions Of the
second and 9Th sections ofthis act.
+ SECTION'III.
Or TIE ASSIGNEE.
IA Bankrupt's, property and rights
Invested by decree.
| Is. Assignee vested herewith.
! 1G. appointment and reno
moval Of,
II. his interest," in bankrupt's
IS. may prosecute pending
10. which abato not by hi.
death.
20. Proierly exc npt from assign
ment.
1. Household and kitchen farni-
ture,
.. Oiher necessaries designated by
assignee
3. Wearing apparel Of family--no,
to exceed $500.
81. Assignee's exemption may be
/ excepted TO.
14..Aad be u further enacted. That
all the properly and rights Of property,
| Of every mans aud nature, and whether
real, personal, or mixed, of. every
bankrupt, except as.is hereinafter pro-
vided, WHO shall by the decree Of {
proper court be declared to be a bank.
!. rupt within the act, shall, by mere OPP
Grafton of law, ipso facto, from the
time Of such decree, be deemed 10 bt
devested out Of such bankrupt, with
out any other act, assignment, or othe
conveyance whatsoever;
Is. And the. same shall be vested
by force Of the same decree, in sucl
assignee as from time TO time shall b
appointed by the proper court for thi
purpose;
16. Which power Of appointment
and removal such court may exercis'
atits discretion, totes quoties;
17.And the assignee appointed shall
be vested with allrights, titles, powers
and authorities to sell, manage, an,
dispose of the same, and to sue for ant
defend the same, subject.to the order
and directions of such court, as fully
to all intents and purposes, as if IN
same were vested ia, or might be ex
ercised by, such bankrupt before or q
the time Of his bankruptcy declared a
, aforesaid.
Island all suits in law or in equity
. then pending, in which such bankrup
is party, may be prosecuted and de
Tended by such assignee.to their fina
conclusion, in the same way, and wit
the same effect, as they might hav
, been by such bankrupt;
19. And no suit commenced by 0
i. against any assignee shall be ahated b
his death or removal from Office, bu
the same may be prosecuted or defen
: ded by his successor ia the same Of
, fee.
90 Provided, howerer, That Their
shall be excepted from fre operation 0
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