Page:United States Statutes at Large Volume 14.djvu/553

 THIRTY-NINTH CONGRESS. Sess. II. Ch. 176. 1867. 523 necessnries of such bankrupt as the said assignee shall designate and set f Wim 9¤°¤¤P¥ apart, having reference in the amount to the family, condition, and circum- ¤:';',’,_"°'$°` stances of the bankrupt, but altogether not to exceed in value, in any case, the sum of five hundred dollars; and also the wearing apparel of such bankrupt, and that of his wife and children, and the uniform, arms and equipments of any person who is or has been a soldier in the militia, or in the service of the United States; and such other property as now is, or hereafter shall be, exempted from attachment,.0r seizure, or levy on execution by the laws of the United States, and such other property not included in the foregoing exceptions as is exempted from levy and sale upon execution or other process or order of any court by the laws of the State in_which the bankrupt has his domicile at the time of the commencement of the proceedings in bankruptcy, to an amount not exceeding that allowed by such State exemption laws in force in the year eighteen hundred and sixty-four: Provided, That the foregoing exception shall operate as a Exemption, limitation upon the conveyance of the property of the bankrupt to his hm" °° °p°’°‘°°' assignecs; and in no case shall the property hereby excepted pass to the assignces, or the title of the bankrupt thereto be impaired or affected by any of the provisions of this act; and the determination of the assignee in the matter shall, on exception taken, be subject to the tina] decision of the said court: And provided further, That no mortgage of any vessel or C¤¤‘¤•ti¤¤ m<>f¢· of any other goods or chattels, made as security for any debt or debts, in §{'g;;;°,£,°f§€` good faith and for present considerations and otherwise valid, and duly tobeinvulidated. recorded, pursuant to any statute of the United States, or of any State, shall be invalidated or affected hereby; and all the property conveyed by What to bc the bankrupt in fraud of his creditors; all rights in equity, choscs in “°§*°d lnbtheh action, patents and patent rights and copyrights ; all debts due him, or any giiiiiiggtign O? person for his usc, and all liens and securities therefor; and all his rights bankruptcy, &c, 0f action for property or estate, real or personal, and for any cause of action which the bankrupt had against any person arising from contract or from the unlawful taking or detention, or of injury to the property of the bankrupt, and all his rights of redeeming such property or estate, with the like right, title, power, and authority to sell, manage, dispose of, sue for, and recover or defend the same, as the bankrupt might or could have had if no assignment had been made, shall, in virtue of the adjudication of bankruptcy and the appointment of his assignee, be at once vested in such assignee; and he may sue For and recover the said estate debts and Powers cfuetlects, mid may prosecute and defend all suits at law or in equity, pending ’l€“°°· at the time of the adjudication of bankruptcy, in which such bankrupt is u party in his own name, in the same manner and with the like effect as they might have been presented or defended by such bankrupt; and a _Eqideuee of copy, duly certified by the clerk of the court, under the seal thereof, of he *"’l°· the assignment made by the judge or register, as the case may be, to him as assignee, shall be conclusive evidence of his title as such assignee to take, hold, sue for, and recover the property of the bankrupt, as hereinbefore mentioned; but no property held by the bankrupt in trust shall pess Property in by such assignment. No person shall be entitled to maintain an action ““§f1i;;’;t°fn‘;’f· ugeinst an assignee in bnnkruptcy for anything done by him as such asssgnecsgtiogm assignee, without previously giving him twenty days’ notice of such action, b*im=*i¤*¤i¤¤id Sp<*cil}·ing the cause thereof, to the end that such assignee may have an ;v,;g;(`?tpr°v1°u’ opportunity of tendering amends, should he scc lit to do so. No person Books of ac- Slwll be untitled, as against the assignee, to withhold from him possession °°“"· of any books of account of the bankrupt, or claim any lien thereon; and Suits notto H0 Suit in which the assignee is a party shall be abated by his death or E;a‘;l,;“%’; b? removal from office; but the same may be prosecuted and defended by his` successor-, or by the surviving or remaining assignee, as the case may Be. The assignee shall have authority, under the order and direction of the P<¤F<>qrp¤¤¤¤ collrt, to redeem or discharge any mortgage or conditional contract, or ggnQ$;g,f‘°"°1 pledge or deposit, or lien upon any property, real or personal, whenever `