The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-03-20

statement Of any existing mort
gage, pledge, lien, Judgment or COL
lateral or other security given for
payment Of the same; and shall
also annex to his petition an accu-
rate inventory verified in like man
, ner, Of ali his estate, both real and
personal, assignablc 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 Of such petition shall be an
act Of bankruptcy, and such pcti-
toner shall be adjudgcd 4 bank
rupt.
Provided, That all citizens ofthc
United States petitionmg to be
declared bankrupt shall, on fling
such petition, and before any pro-
ccedings thereon, take and sub
scribe an 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 register Of
said Court, to be designated by the
Judge, shall forthwith, if he be
satisfied that the debts due from
the petitioner exceed $500, issue a
warrant, to be signed by such
Judge or Register, directed to the
Marshal of said District, authoriz-
ing him forthwith, as Messenger.
to publish notices in such news
papers as the warrant specifies ;
to serve written or printed notices.
by mail, orpersonally, on all crcdi-
tors 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
warrant specifies, which notice
shall state:
First. That q warrant in bank
ruptcy 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 or for his use, and the
transfer Of any property by him,
are forbidden by law.
Third. That a meeting Of the
creditors of the debtor, giving the
names, residences and amounts, so
far as known, to prove their debts
and choose one or moro asSignces
of his estate, will be held at Court
Of Bankruptcy, to be holden at 4
time and place designated in the
warrant, not less than ten nor
more than ninety days after the
issuing Of the same.
u. If the debtor dies after the
issuing Of the warrant, the pro
cecdings may be continued and
concluded in like manner as if he
had lived.
ACTION OF CREDITORS.
13. The creditors, after the first
meeting in presence ofa Register,
shall choose one or more assignees
Of the estate Of the debtor; the
choice to be made by the greater
part in value and in number Of the
creditors who have proved their
debts. Ifno choice is made by the
creditors, the Judge, or, if there
be no opposing interest, the Regis.
ter, shall appoint one or more as,
signees. If an assignee, so chosen
Or appointed, fails within five days
to express in writing his acceptance
of the trust, the Judge or Register
may fill the vacancy. Allclcctions
or appointments Of aSsi@necS shall
be subject to the approval Of the
Judge. The Judge may require
the assignee to give bond to the
United States, with condition
for the faithful performance and
discharge Of his duties.
ASSIGNMENTS.
II. On the appointment Of as
signce the Register shall convey to
him all the estate, real and per
sonal, Of the bankrupt, with deeds,
books, and papers, and such assign
ment shall relate back to the
commencement of fsaid proceedings
in bankruptcy, and thcreupon the
title to all such property and
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