Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-09-16
THURSDAY MORNING, SEPTEMBER is, lsAl.


concealment by him Of his property, OF
rights Of property, as aforesaid, contrary
to the provisions Of this act, on prior rea-
sonable notice specifying in writing such
fraud or concealment and if, 10 any case
of bankruptcy, majority, in number
and value, of the creditors, who shall
have proved their debts at the time oil
hearing of the petition of the bankrupt
for discharge as hereinbefore provided,
shall at such hearing file their written
dissent 10 the allowance Of a discharge
and certificate to such bankrupt, or 1t,
upon such hearing, a discharge shall
not be decreed to him, the bankrupt may
demand trial by jury upon proper is
sue to be directed by the court, al such
time and place and in such manner as the
court may order +; or he may appeal from
that decision, at any time within ten days
thereafter, to the circuit court next 10 be
held for the same district, by simple en-.
tering in the district court, or with the
clerk thereof upon record, his prayer for
an appeal. The appeal shall be tried at
the first term of the circuit court alter 1t
be taken, unless, for sufficient reason, a
continuance be granted; and it may be
hea I'd and determined by said court sum.
marily, or by jury, at the option of a
bankrupt and the creditors may appear
and object against decree OF discharge
and the allowance Of the certificate, as
hereinbefore provided. And if, upon a
full hearing of the parties, 1t shall appear
to the satisfaction Of the court, or the jury
shall find, that the bankrupt has made
| full disclosure and surrender of all his
estate, as by this act required, and has IN
all things CONFIRMED to tue directions
thereof the court shall make decree oil
discharge, and grant certificate, as pro-
vided in this act.
SEC. 5. And be it further enacted,
That all creditors coming in and proving
their debts under such bankruptcy. in the
manner hereinafter prescribed, the same
being bona fde debts. shall be entitled 10
share in the bankrupt's property and eff.
fec,s, pro rata, without any priority or pre-
ference whatsoever, except only for debts
due by such bankrupt to the United
States, and for all debts due by bum to
persons who, by the laws OF tho United
States, have preference, IN consequence
of having paid moneys ss his sureties,
which shall be- first paid out of the assets;
and any person who shall have perform
ed any labor as an operative IN the service
of any bankrupt shall be entitled to re-
ceive the iull amount of the wages due
10 him for such labor, not exceeding
twenty FIVE dollars: Provided, That such
labor shall have been performed within
six months mex, before the bankruptcy
of his employer and all creditors whose
debts are not due and payable until n
future day, all nnnultants, holders OF bot
tomry and Respondents bonds, holders OF
polcies Of insurance, sureties, endorsers,
bail, or other persons, having uncertain
or contingent demands against such bank
-upt, shall be permitted to come in and
prove such debts or claims under this act
and shall have right, when their debts
and claims become absolute, to have the
same allowed them and such annuitants
and holders OF debts payable in future may
have the present value thereof ascertain.
ed unGer the direction of such court, and
allowed them accordingly, as debts in Pre-.
sent: and no creditor or other person
coming in and proving his debt or other
claim, shall be allowed TO maintain any
suit at law or in equity therefor, but shall
be deemed thereby to have waved all
right of action and suit against such bank.
rupt and all proceedings already COM
menced, and all unsatislied judgments al
ready obtained thereon, shall be deemed
to be surrendered thereby and in al
cases where there are mutual debts OF
mutual credits between the parties, the
balance only shall be deemed the true
debt or claim between them, and the resi-
due shall be deemed adjusted by the set
off; all such proof of debts shall be made
before the court decreeing the bankrupt
CIV. or before some commissioner appoint
ed by the court for iha, purpose, but suct
court shall have full power 10 set aside
and disaIow any debt, upon proof tina
such debt is founded in fraud imposition
illegally, or mistake; and corporation:
to whom any debts are due may make
proof thereof by their president, cashier
treasurer, or other officer, who may b,
especially appointed for tina, purpose ant
in appointing commissioners 10 receive
proof of debts and perform other duties
under the provisions of this act, the sale
court shall appoint such persons as hav,
their residence in The county in which iht
bankrup. lives.
SEC. 6. And be ii further enacted, Tha
the district court in every district shall
have jurisdiction in all matters and pro
ceedings in bankruptcy arising under TIM
&C, and any other act which may herea
ter be passed on the subject Of bankrupt
cy; the said jurisdiction to be exercised
summarily, in the nature of summary pro
ceedings in equity; and for this purpose
the said district court shall be deemed al
ways open. And the district judge may
adjourn any point or question arising IL
any case in bankruptcy into the circuI
court for The district in his discretion, L
be there heard and determined; and FOL
this purpose the circuit court Of such dis
trict shall also be deemed always open
And the jurisdiction hereby conferred OF
the district court shall extend to all cases
and controversies in bankruptcy arising
between the bankrupt and any creditor o
creditors who shall claim any debt or de
mand under the bankruptcy to all case
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