Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-24

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N sNie- keeping md disposition; and the court NAV =,
" quire OF suck assignee a bend with AT least IN
> sHtt es, IN such sum as IL may deem proper eond
q TONED tor the due and faithful dischstee of ali
uut's' ana his e"mphanee with the orders and i
rectionS ot the court, which bond shall be taken
Y the name Of the United St'os and shall II there
any breach thereof, be sued and sueablc under IN
oder of such court, for the benefit of he cree, ID
= and other persons IN INTEREST
e Sc. 10. Had o. u ftrihsr suae,,d That in ord.
To ensure speedy settlement aud close of the pro
ceedings IN each case IN bSnkru ptcy il shall be IN
DUTY OF the court to order and direct a collection
tine assets, and reduction OF the same TO none
Il and distribution thereof ut as early nero5s =
practicable consistently with due reysrd 10 the in
tereS OF the creditors: and dividend and ds.ribu
'or OF such assets as shall bc collected and reduce.
10 money, o. So rlnch thereof can be Si'oy a
disposed Of consistently With the rights and ip,er
eSis Of thltd persons having adverse claims thrr,o
shall nc made among the creditors who have nroy
theiF uhs as ol'to rs once IN SIX months from ~,
e O the dec &c declaring The banE -uptcy: motto,
ci such dividends and q StriUution 20 Ge given /.
some newspaper OF newspaper in the dis;TI,' de.
sSnltet oy the court ten days ~ least before tho
0Isr thereior' Us passed; and tendency CT any suit
NJ law or IN equity, 10y or against such third rer-
sons, shall not postpone such div SION and disribu-
Nvn except so 'r as the Irny be nee IS. "
10 s'u'iy the same; and all the proce, nss m bank.
runtcy IN each case shall, II practicable be finally
adjusted, settled, and brought to close by the
court, within two years after the decree DECLARING
tie bankruptcy. And where any ere lltcr shall M
have proved his debt unit, a dividend or dis'ribu.
ton shat. have been made and declared, he shn..
I I've entitled 10 be paid the same amount pro ran
oIt OF the remaining dividends distributions there.
after made, the other creditors have already re
ee'ed before the latter shall be entitled to any por.
ton thereof
Sec. II. .ini De Il hi''isr enacted. That the as
slSnee shall have full authority, by and under the
order and direction OF the proper court in bank.
rup'ey, to redeem and discharge any mortgage or
L a. - .NsWa "a ...asH.. .
", real Or personal, whether payable ptesenu or
aI future Gay, and 10 tender a due performance OF
the conditions thereof. And such assignee shall al.
50 nave authority, 10y and under the order and d.
recIIon o. the proper court IN bankruptcy TO COM
pound any debts or other claims or securities, due
or belonging 10 the estate of the baukrupt but no
such orcct or direction shall be IIAde until notice Of
me appueauon Is given IN some public newspaper
IN the district, 10 be designated by the court ten
Gays at least before the he arInc so that all creditors
anu other persons IN IntereS' may appear and SHOW
cause, n any they have, At the caring, why the
order o direction should not bc passed.
Sec. -. Ind be u further sEasisd That il any
person who shall have been discharged under this
act sha, aitcrwsrd become bankrupt he shall not
again oe cn,Ited 70 discharge under this act un.
less his estate shall produce latter oil chsrgcs) sut-
hcent o. poy every creditor seventy I'VE per cent,
on he amount OF The debt which shat, have been
au' I'd 10 each CT i TOR.
Sec. ~. Ind De u G,r!hSr enacted That the pro.
ceecnCs IN a.. cases M bankruptcy sha, bc deemed
to nc recorded large, but shall bc carefully hed
Kept, and numbered m the orce of the court, end a
docket y, or Shor. memor ntgm thereof with the !
numbers, Kept m book by the clerk Of the court;
ana me eek OF TIE court, for aiIng his name and
the sea. OF the court to any form or certifying /
copy thereof, when required thereto shall I've emit
.t-o 10 receive, as compensation, the Cilwerly-
ave cents, auG no more And no officer OF thu |
court, or commissioner, shall be allowed by the /
court more tnan one dollar FOR taking the proof OF i
any debt or other CAIN Cfauy creditor or other per
son against the estate OF the bankrupt; but he may
ne allowed, ~ addition, his &C ia, trave expenses /
for that purpose.
Sec II. .f1d be u f,Grthsr enacted, That where
two or more persons, who are partners in trade be-
come Inso vent, an order may be made IN the man
neg p.ovcei IN this act either on the petition Of
SIch partners, or any one OF them, on the petit
Non OF any creditor OF the partners; upon which
order al the JON, sock and properly OF the compa-
n.y. ana also all the separate estate of each OF the
partners, stall be taken, except such parts hereof
As herein eSceP ed; and all the creditors OF the
company, and the separate cred t1.s Of each p4rt-
ner shall ce allowed 10 prove their respective debts.
anl the asssneCS shnI, also keep separate accounts
OF the Joint stock or property OF the company, and
OF the separate estate Of each member thereof and
after Ceuuc.ug out OttAe whole amount received by
such asscQeesf the whole Of the expenses and dis I
nlrseneuis paid 10y them, the net: psOce ; Of the
JOINT stock shNl. ue npra,cd 10 pay the creditors
OF me company, ami the nett proceeds Of the sepl-
rate estate of eich partner shall Dc upurOpra,ed to
balance OF the separate estate OF any partner after
the payment oiNs separate debts such balance shall
ee added 20 the Joint stock Tor the naylsnt OF the
Joint creditors; end # there shall he any ba ance u
The joint stock, after paymen; OF the Join. debts,
sucH balance shall DE divided AMI Appropriated 10 |
ana among Inc separate estates OF the severa part
Iers, according 10 thelg respective ghts and Inte
rests Inereni AMI IS 10 would have bseni the part
HsrShip hs! been d.sso we'd without any bankrupt
Cyl and the sum so appropriated TO the separate es
tate OF each partner shall be applied TO the payment
OF His separate usO;s; and the certificate OF dis.
charge sha. be granted o. refused 10 g,ch partner,
as the same would NJ ought 20 ue II the proceedings
"a- yeen against t.m alone under this ac.; and IN
All CiHer respects The proceedings aga.ns, partners
sta. Re conducted .n the like m-nncr a. Il they
"ld been commenced and prosecuted against one
person alone.
SEC. IS. ind be Il further su1elsa, Tb,, conv
OF any decree Of bankruptcy, and the appointment
o. ass! I.', rs directed by the ,h.d sec,,on uf this
ac', sha. be rec-t 10 every dee Of lands be ons-
~ 10 The bankrupt sold and nyeysd Uy any s.
sgntes under lEd by virtue o. liis act and fha,
such rectal, together with q certified COPY of s.c
order, I'D. he full and complete evidence both If
IN Dinafup'cy aud assgnme. therein rec'cd and
perssit ne necessity Of auy O.Her FRO { OF such
bankruptcy and uss'snm sut IL validate the said
deed and all deeds conta ming such recital and
supported by such proof, sinai. he as II. -'uil 20 j
pass Tue title Of the bankrupt o. Ir and 10 the lands
therein mentioned and DESERVED % tue purchaser
as fully 10 al Iuonts cad .rprscs. rs b made Jv
sL-H bankrupt himself 'mm Ilte.y before s.rh or.
der.
Sec. 10. ind be Il FURTHER snae',9, That al. iuris
dic'Ion. power, ard authority conferred upon and
vested IN the district court OF the UnueL Sta.cs by
ms act, N cases M bankruptcy are hereby confer
res upon and vested 90 the circuit court ofthe Uni. /
ted States Tor the District Of Columbia, and In and
upon the supreme or superior courts Of any or the .
Territories Of the Unit-d States 10 cases oil bank. /
rHptcy, where the bankrupt resides IN the said DIS.
rc, OF Columbia or DO either Of the said Territories
Sec u. Ind b, q further enacted Thst this act
sh, take effect from and after the FIRST day Of Fe-
uTulry next
JOHN WHITE,
Speaker ofhs House Of Representatives..
SAM'L l.. SOUTuARD,
PrsSidsai Of The Senate pro tsmpoTs.
Approved, August 10, l5Il.
JOHN TYLER.
IPUBLrC-NO. /
An Scr further fD extend the for locating vrfgufB vi
Iary Ism Warrant and returning the survey ON