Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-27

! founded on written security, obligation, con-
tract, or otherwise, and also the true cause
and consideration of such Indebtedness in
each case. and the place where such indebt-
edness accrued, and statement of any exist
ing mortgage. pledge, lien. Judgment, col
lateral or other security given for the pay
ment of the same and shall also annex to
his petition accurat inventory, verified
in like manner, of all his estate. both real
and personal assignable under this act des-
cribing the same and stating where it is
situated and whether there are any, and
if so, what incumbrance thereon. the filing
Of such petition shall be an act of bankrupt
cy, and such petitioner shall be adjudged a
bankrupt PrOrided, That all citizens of the
United States petitioning to be declared
bankrupt shall, on filing such petition and
before any proceedings thereon, take and
subscribe oath of allegiance and fidelity
to the United States, which oath shall be filed
and recorded with the proceedings in bank
ruptcy. And the judge of the district court,
or, if there be no opposing party, any regis
ter of said court, to be designated by the
Judge, shall, forthwith, if he be satisfied that
the debts due from the petitioner exceed
three hundred dollars, issue n warrant, to be
signed by such Judge or register, directed to
the marshal of said district, authorizing him
forthwith, as messenger, to publish notices
in such newspapers az the warrant specifics
to serve written or printed notice. by mail or
personally, on all creditors upon the schedule
filed with the debtors petition, or whose
names may be given to him, in addition. by
the debtor, and to give such personal or other
notice to any persons concerned as the war
rant specifics. which notice shall state
First. That warrant in bankruptcy has
been issued against the estate of the debtor.
Second. That the payment of any debts
and the delivery of any property belonging
to such debtor to him for his use and the
transfer of any property bv him. are forbid
den 10y law.
Third. That a meeting of the creditors oi
the debtor, giving the names, residences, and
amounts. far as known, to prove their
debts and choose one or more assignccs of his
estate. will be held at ii court of bankruptcy
to be holden at a time and place designated
in the warrant. not less than ten nor more
than ninety days after the issuing of the
same.
OF ASSIGNMENTS AND AssIGNEEs.
SEC. L. And be II further enacted. That al
the meeting, held in pursuance Of the notice
one of the registers of the court shall preside
and the messenger shall make return of the
warrant and of his doings thereon and if il
appears that the notice to the creditors has
not been as required in the warrant, the
/ meeting shall forthwith he adjourned and {
new notice given as required. If the debtor
dies after the issuing the warrant, the pro
ccedings may be continued and concluded il
like manner as if he had lived.
SIC IS. And be II further enacted That tn,
creditors shall, at tine first meeting held aftcl
I due notice from the messenger, in presence
: Of a register designated by the court, choose
zone or more assignees of the estate Of tht
/ debtor the choice 10 be made by the create
, part III value and IN number of the creditor
e who have proved their debts If no choice j
/ made by the creditors at said meeting. tn
= Judge or. if there be no opposing interest
: the register, shall appoint one or more n
: signecs- IT an assignee, so chosen or ap
/ pointed. fails within five DAYS t. express il
c writing his acceptance of the trust, the judg
= or register may Ell the vacancy. All elec
q tions or appointments OF aseignces shall h
: subject To the approval of the Judge; am
h when i'll his Judgment it is for any caus
7 ncedful expedent, he may appoint addi
tiOnal assgnces, or order new election
The Judge at any time may, and. upon tn
= request in writing of any creditor who ha
:. proved his claim shall. require the assigne
To give good and sufficient bond 10 the Unite
: States, with condition for the faithful pei
formancc and discharge of his duties III
n bond shall be approved by the judge or rcgi:
= ter bv his ndorscment thereon. shall he file
i with the record Of the case. and inurc To- tn
j.. benefit of all creditors proving their claims
l. and may hc prosecuted in the name and f.
=, the benefit OF any injured party. If the a.
:. sgnce fails IL give the bond within such tim
as the Judge orders, not exceeding ten day
. after notice 10 him of such order. the iude
! shall remove him and appoint another in h
f place
70 SIC II. ard be 1t further enacted, That It
8. soon said assignee is appointed and quail
=, fed, the Judge or, where there is oppC
: sing interest the register, shall, by an il
- 9trumcnt under his hand, assign and conve
= to the assignee all the estate, real and PEE
-. sonal, of the bankrupt, with all his deed
f books. and papers relating thereto, and sue
% assignments shall relate back TO the con
+ menccmcnt of said proceedings in bankruptc,
a, and thcrcupon. by operation Of law. the I
n tie t. all such property and estate. both re;
:, and personal. shall vest in said assignee, a
= though the same is then attached on mcsT
70 process the property of the debtor an
Il shall dissolve such attachment made With
n four months next preceding the commenc
a. mcnt of said proceedings Pr0rided, howcret
- That there shall he excepted from the oper;
tion Of the provisions of this section the ne
i, essarv household and kitchen furniture, an
- such other articles and neccssarics of sue
A., bankrupt as the said assignee shall dcsigna
no and set apart. having reference in the amoul
of the bankrupt, but altogether not to exec
,o in value, in any case, the sum of five hundr
ed dollars; and also the wearing apparel Of SUI
~ bankrupt and that of his wife and chidre
,, and the uniform, arms. and equipments
2 anv person W no is OF has been soldier
rc the militia or in the service of the Unite
he States; and such other property as now l
or or hereafter shall be. exempted from attac
III ment, or seizure. or levy on execution by Il
laws of the United States and such 9th
e property not included in the foregoing exec
tions as is exempted from levy and sale up
he execution or other process or order of al
II, court by the laws of the State in which t
RI bankrupt has his domcle at the time of t
No. commencement of the proceedings in ban
ot ruptcy, to an amount not exceeding that
IN lowed by such State exemption laws
force in the year eighteen hundred and 81
no tv-four Proridcd, That the foregoing e
ception shall operate as a limitation up,
in the conveyance of the property of the ban
rupt to his assignees, and in no case sh;
ms the property hereby excepted pass to the q
sgnees. or the title of the bankrupt there
en be impaired or affected by any of the pro
80 sions of this act and the determination
arc the assignee in the matter shall, Oh except
ali taken, be subject to the final decision of I
mo said court And prOrided further, That
oh mortgage of any vessel of any goods
~ chattels. made as security for any debt
debts, III good faith and for present consid
OF ations, and otherwise valid, and duly reco
ed, pursuant to any statute of the Unit
if States. or of any state, shall be invalidated
ION affected hereby; and all the property cony
bic ed by the bankrupt in fraud of his creditor
rec all rights in equity, chosen in action, pate
,d- all and patent rights and copyrights all de
:. for nd