Mobile daily commercial register and patriot., 1841-09-01

l and certh'Hte, hen duly granted, shall in all courts of uslice, he deemed full aml complete dlrchatpr ola iehts, cenic'lcts and othe eng srmen "i eafh | hankthpi, which Hre prd,tahr under this act, and shall he and ma, be eaied a full aud complete bar to all suits brought in any court of iudcature | whatever, and the same shall be conclusive evidence al ilSell in taNer of such bankrupt, unless the shall he impeached fol iland or wilfuI conceal
 ment by him oi his property, or rights of property alnresad contrary the provisions of this act. or | prior reasonable notice specifying writing such | fraud or eonrealment and if, in any case of hank | rnptcy majority in number and value, of the dltos, who shall have proved their debts al the time ol hearing of the petition of the bankrupt for dis | charge as herenheore provided, shall at such hear | ing file their written dissent t1 the allowance of discharge and certificate such bankrupt, m upon such hearing, discharge shall not be decreed o hun, the bankrupt may demand a trial by jury up- proper issue to be directed by the court, such time and place, and in such manner as the court may order; or he may appeal from that decision, al any time within ten days thereafter, to the circuit court next to be held for the district, by simply enter
 ing the district court with the clerk thereof upon | record, his prayer for appeal. The appeal shall be tried at the first term Of the circuit court after Il be taken, unless for sufficient reason, continuance be granted; and it may be heard and determined by said court summarIly, by a jury, al the option of the bankrupt; and the creditors may appear and ob- ject aganst decree of discharge and allowance of the certificate, herenbetore provided. And if, upon lu nearing or the pafUeS II small appear To
 the satisfaction of the court, the jury shall find that the bankrupt has made full disclosure and render of all his estate, by this act required aad has in all things conformed to the directions thereof, the court shall make decree of discharge and grant | certificate, as provided m this act.
 Sec. 5. And be It further enacted, That all credi- tors coming in and proving their debts under such | bankruptcy, in the manner hereinafter prescribed
 the same being bona 6de debts shall be entitled to share in the bankrupts property and effects, pro | ta, without any priority preference whatsoever | except only for debts due by such bankrupt to the | United States, and for all debts due by him to per sons who, by the laws of the United States, have a preference, in consequence of having paid moneys as his sureties, which shall be first paid of the | sets and any person who shall have performed any
 labor operative in the service of any bankrupt, shall be entitled to receive the full amount of the ges due to him for such lab0r not exceeding twenty five dollars Provided That such labor shall have | been performed within six months next before the bankruptcy of his employer and all creditors whose debts not due and payable until future day, all | annuities, holders of bottomry and respondentia bonds holders of policies of insurances, suretIes, dorsers, bail or other persons having uncertain contingent demands against such bankrupt, shall be permitted to come in and prove such debts claims under this act, and shall have right when such debts or claims become absolute to have the same a- | lowed them; and such anRuitants and holders of debts payable in future may have the present value thereof aseertaned, under the direction of such court, and allowed them accordingly, debts in present. and creditor or other person, coming in | and proving his debt other claim, shall be allowed to maintain any suit al law in equity therefor, but shall be deemed thereby have waived all right of action and suit against such bankrupt; and all pro- | ceedngs already commenced, and all unsatisfed judgments already obtained thereby and in all cases | where there are mutual debts or mutual ctedits be- tween 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-os all such proof of debts shall be made before the court decree ing the bankruptcy, or before some commissioner appointed by the court for that purpose; but such court shall have full power aslde and disallow any debt upon proof that such debt is founded in l fraud, imposition, egaity mistake and corpora tions to whom any debts are due, may make proof thereof by their president cashier, treasurer, oth CT officer, who may be specially appointed for that purpose; and in appointing commissioners to receive proof deb and perform other dutes under the pro- visions of this act, the said shall appoint such | persons have their residence in the county in which the bankrupt lives.
 Sec 6. And be it further enacted, That the dis trct court in every district shall have jurisdiction in all matters and proceedings in bankruptcy arising under thls act, and any ether which may hereaf- ter be passed on the subject of bankruptcy the said jurisdiction to be exercised summary, in the nature of summary proceedings in equity; and for this pur- pose the said district court shall be deemed always open. And the district judge may adj joun any point or question arising m any case in bankruptcy into the circuit for the district in his discretion, to be there heard and determined and for this purpose the circuit court of such district shall alse be deemed | always open. And the jurisdiction hereby conferred on the district shall extend to all and con- troversies in bankruptcy; arising between the bank rupt and any creditor or creditors who shall claim any debt or demand under the bankruptcy; to all ca- and controversies between such creditor or cred itors and the assignee of the estate, whether office or removed; to all cases and controversies between such assignee and the bankrupt, and to all acts mat ters and things o be done under and virtue of the bankruptcy, until the final distribution and settle- of the estate of the bankrupt, and the close of the proceedings in bankruptcy. And the said courts shall have full authority and jurisdiction to compel obedience to all orders and decrees passed by them in bankruptcy, by process of contempt and other media process, to the same extent the circuit may now do in any suit pending therein in equity And it shall be the duty of the district in each district from time to time, to prescribe suitable rules | and regulations, and forms of proceedings, in all matters of bankruptcy, which rules, regulations, and iorms shall be subject to be altered, added to- revis ed annulled by the circuit court of the dls- trct and other rules and regulations, and forms sub stuted therefor and in all such rules, regulations, and forms, shall be the duty of the said courts to make them simple and brief as practicable to the end to avoid all unnecessary expenses and acili- | tate the thereof by the public at large. And the said courts sha from time to time, prescribe if table of fees and charges be taxed by the of
 
 this act, or any other on the subject of bankruptcy winch fees shall be low practicable, with refer ence to the nature and character of such services | Sec !. And be it further enacted, That all peti- tons by any bankrupt for the benefit of this act and all petitions by creditor against any bankrupt | der this act and all proceedings in the case to the close thereof shall be had in the district court with in and for the district in which the person supposed to be bankrupt shall reside, have his place of business at the time when such petition filed, ex- cept where otherwise provided in this act. And up- on every such petition, notice thereof shall be pub | lished in more public newspapers printed in such district, be designated by such court at least twenty days before the hearing thereo and all per- sons interested may appear at the time and place where the hearing thus to be had, and show cause, any they have, why the prayer of the said petition CT should not be granted all evidence by witnesses to be used all hearings before such court shall be under oath or solemn affirmation, when the party is conscientiously scrupulous of taking an oath, and may be oral by deposition taken before such court, before any commissioner appointed by such court, before any dsinterested State Judge of the State in which the deposition is taken; and all proof of debts or other clams by creditors entitled to prove the same by this act, shall be under oath or solemn affirmation aforesaid, before such court commits soner appointed thereby, or before dsinterest- ed State judge of the State where the creditors live, in such form may be prescribed by the rules aud regulations herenbefore authorised to be made and established by the courts having jurisdiction in bank ruptcy. But all such proofs of debts and other claims shall be open to contesaton in the proper hav ing jurisdiction the proceedings in the particu- lar case in bankruptcy; and well the assignee as the creditor shall have right to trial by jury, up- an issue be directed by such court to ascertain the validity and amount of such debts other claims and the result therein, unless new trial shall be granted, if in favor of the claims, shall be evidence of the validity and amount of such debts or other claims. And if any person or persons shall falsely and corruptly answer, swear, or affirm, any hear ing or on trial of any matter, or in any proceedings