Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-03-20

if any person residing within the jurisdiction
Of the United States, owing debts prorablt
under this act exceeding the amount OF S5OO
shall apply by petition addressed to the judge
of the judicial district in which such debtor
has resided or carried on business for the slz
months next Immediately preceding the time
OF fling such petition, or for the longest pc
RCD during such six months, setting forth
bis place of residence, his inability to pay all
hs debts in full, his willingness to surrender
all his estate and effects for the benefit OF his
creditors. and his desire to obtain the benefit
of this Act, and shall annex to his petition
schedule verified by oath before the Court
or before register in Bankruptcy, or before
one of the Commissioners OF the Circuit
Court of the United States, containing q
full and true statement of all his debts, and,
as far as possible, to whom due, with the
place of residence of such creditor, if known
to the debtor; and if not known. the fact to
be stated, ard the sum due to such creditor
also the nature of each debt or demand.
whether founded on written security, obliga-
ton, contract or otherwise and also the true
cause and consideration Of such Indebtedness
in each case, and the place where such in-
dcbtedness accrued, and statement OF any
existing mortgage, pledge, lien, judgment or
collateral or other security given tor the pay
ment of the same; and shall also annex to
his petition IN accurate inventory verified In
like manner. Of all his estate. both real and
personal, assgnable under This Act, describing
the same. and stating where it is situated,
and whether there are any. and if so. what
membranes thereon; the filing cl such pc
ti!ion shat! he an ace of bankruptcy, and such
petitioner shall be adjrdged & bankrupt; Pro.
vi1sd, That all citizens Of The United States
pclitionirg TO e declared bankrupt shall, on
fling such petition, and before am proceedings
thereon. take and subscribe an cath of allie
glance and fidelity to the United States, which
DATA shall be flied and recorded with the pro.
cec l;ngs ir bankruptcy. And the Judge of
the District Court, or II there hc no opposing
party any register of said Court, to be desie-
mated by the Judge, shall forthwith, if he be
satisfied that tle debts due from the petition
er exceed $500, issue q warrant, to be signed
BIZ such Judge or Register, directed to the
Marshal of said District, authorizing him
forthwith 81 Messenger, to publish notices III
such newspapers as the warrant specifies; to
serve written or printed notice, by mail, Or
on all creditors upon the schedule
filed with lie debtors petition. or whose
names m oc given to b:m, in addition, by
the deb;or, and to give such personal or other
notice to any persons concerned as the war
ra:: specifies, which notice shall state:
First. That warrant in bankruptcy has
ii Of t,n "a
Second. lha. the payment OF any debts
and the delivery oi any property belonging
tc such debtor to Kim Or sor his use, and the
transfer Of any property by him., are forbid
dcn by law.
Third. That 4 meeting Of the creditors of
tac debtor .iying The names, resideiiccS and
A.. ouniS. 81 far as known. To prove their
deus and ciloo,c one OF more asslGnees OF
MS estate, viii be held al Court of Bank
ruplcy to be holden at :. ;ric and place des'
i.S;-TcCl in the warrant, rot less than ten nor
more than ,.inety days after the issuing Of
tho same.
OF ASSIGNMENTS AND ssslcSEEs.
SEc. II. And be 1t further enecrd, That at
the n,ecing, held in pursuance OF the notice,
one Of the registers Of the court shall preside,
and tue messenger shall make return OF the
war.aut aus Of hi, duings thereon; and il 1t
a,,pcars that the notice 10 the creditors has
not Aacn given y; required il ihe warrant, the
meeting snail forthwith be adjourned, and a
ncw notice given as required. ii the debtor
dies ai.,r Ike issuing oi the warrant, The pro
yeedings ln.,y b. cvii'iaacd and concluded IN
like manner as if he had lived.
SEC l3 Aud be- i. iar;her enacted. That
the creditors shall, at the first meeting held
after due notice from the messenger, III pres
erce OF Il register designated by the court,
choose ono or more assi:nerS of The estate OF
the debtor; the choice TO be made by the
greater part in value and in number oil the
creditors who have proved their debts. limo
choice is made by the creditors at said meet
ing, tue Judge, or if there be no opposing L.
tercst, the 1tgister, shall appoint oae or more
assignees. if an assignee, SO chosen or ap
pointcd, fails within five days to express in
writing his acceptance of the trust, the judge
or register may fill the vacancy. All elections
or appointments Of assiguees shall be subject
to the approval Of the judge; and when in
his judgment it is for any cause neediul or
expedient, he may appoint additional as
Signees, or order a new electioa. The Judge
at any time may, and upon the request in
writing of any creditor who has proved bis
claim, shal; require the assignee to give goud
aid sufficient bond to the United States with
u condition for the faithful performance and
discharge CT lis duties; the bond shall be ap.
proved by the judge or register by his en-
dorsement thereon. shall be filed with the re-
cord of the case and inure to the benefit OF
all creditors proving their claims, apd may be
prosecuted i'll the name and for the benefit OF
the injured party. 1.-THE assignee fails to give
the boad within such time rs the Judge or
Ge:s, no. exceeding ten days after notice to
him Of such order, the judge shall remove
Linn aud appoint another iu bis place.
SEC II. And he it further enacted, That
as .oon as said assiguee is appointed and
qualified, the judge, or where there is no op-
posing interest, inc register, snail by an in
strument under his band, assign and convey
10 The assignee all the estate, real and pcrso-
n4l, Of The bankrupt, with all bis deeds, books
and papers relating thereto, and such assign
ment shall relate back to The commencement
of said proceedings in bankruptcy, and there
upon, by operation of law, the Tide to all such
property aad estate, both real and personal
shall vest N said assignee, although the same
is then attached on mesne process as the
property OF the debtor, and shall dissolve any
such attachment made within four months
next preceding the commencement of said
proceedings; Provided, h wever, that there
Shall be excepted from the operation of the
provisions of this section, tue necessary house
hold and kitchen furniture, and such other
articles aud necessaries of such bankrupt as
the assignee shall designate and set apart
having reference in the amount to the family
condition and circumstances Of the bankrupt
but a,tocethcr not to exceed in value in any