Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1841-09-11
EATON ROUGE.
SATURDAY, September II. lsai.

NAV upon application. setting iof'i 'pus' 80
.,ts, ~ his debts and creditors, bc adj''asea
bankrupt. Any merchant, banker, '"'''''
,,ol,or. underwater, &c, indobted TO inc
amount of $1,000, maybe declared haahtap1-
on the petition Of any creditor to the ainoa"'
Of $500, provided it be shown thai s''c' 'o''',
was cpdeayoring 10 escnpc from or de'raod
bis creditor. in casos Of this na'''Fo N'' o'-
tendant may demand n Jury.
All congeyances or assignments o PF9Fot,y
made two months before the petition Tor pallN-
riptcv IL filed BY or against O DEBTOR 10 DC
considered null attempts todeFraad creditors
bv transfers Of property, or 'seq'ieetsrlns 81
onymaanor, punishable as fraud lfitbs SHOWN
/, court that any person has, SINCE ule, ~ Oh
January last, put his property out o. ny ha'l's
i, ,rarafors o. otherwise, IN contemplation Oh
tho p,ssopo Of a bankrupt law, said deb'or
shall not DO discharged un|t, HI the consent
Of \ Minority Of his creditors.
Nothinv III this net to impair The legal rights
nf married women, or other peculiar ciaiihs,
4 The entire property Of tho bankrupt, Of
whatever nature, shall be delivered Up 70 IN
assignee appointed by the court to administer
The same actions commenced by 'he ba''k-
rlpt or against him, TO be continued or &C.
t,,aoa bv tho adninistra' or. The bankrupt
IL allowed To retain household and kitehoh
furniture 10 n certain amount. aceordihg "
tho circumstances of tho case, but never eN-
cceding the srm Of S3oU.
Every bankrupt WHO CONFORMS strictly 10
the requirements Of this act (%unloss a ma
;ori,y In number and value Of his creditors
who haya proved their debts, shall file ti'o'r
written dissent ,~llcreto,) shall DO decrced
bankrupt by tho court and after 30 days no.
ticc in tho public newspapers, # no val'a o.
~icc,ions be made by creditors to said decree
the bankrupt shall receive a full discharge
Bu, this decree docs not prevent future OK
animation into tho facts of tho bankruptcy. II
\ majority Of tho creditors object to the dis.
charge, tho plaintif may demand a jury or
he may appeal from the decision OF the p's-
tr.et Court to the first term Of the Ctrfui'
Court after said decision.
Creditors to be entitled to share the debtors
effects pro rata, without priority oSfop'
wherc tho United States is a creditor, and
excepting further, creditors to whom money
il due for services, who shall receive the fni'
amount Of wages due, not exceeding 80,
such services (lahor) having been rendered
within six months. tfs
The u. s. District Court in cach distric:
shall have Jurisdiction in proceedings resulting
from this act the court will be always open
for hearing Of cases in bankruptcy, and will
determine the rules oi proceedings with q
tariff or table OF foes and charges.
Proceedings 10 be pursued in the court o!
tho district in which the debtor resides at the
time of presenting the petition.
The circuit court TO have concurrent iuris-
sliction with the district court, in cases where
the assignee and persons claiming an adverse
interest are parties no case Of this nature
admissible unless brought within two years
after thealeeree of bankruptcy. #"at
sag The sales, transfers, &c. of the h%tnkrupts
property by the assignee shall be made at such
il, time and in such manner as the court may
direct all assets in money received by the
81 assignee shall be paid into tho court within
sixty days the court may require OF the as
sirnee a bond for the faithful discharge Of his
duties. 4.fas
The court viii order collections to be made
in favor of the bankrupt at the earliest posi-
bic periods, and will distribute the proceeds
to the creditors every six months, giving ter
DAYS notice of such distribution in the public
newspapers.
The assignee shall have full authority un.
der the direction of the court TO administer
the bankrupt's affairs as he may judge most
u proper,
y No person entitled to a discharge underthis
act who shall become bankrupt a second tin c
unless his estate shall produce, after all
charges, sufficient to pay every creditor Is
per cent. on the amount due.
Is The proceedings in these cases to be mat
h ter of record. stts 4afE 'st
Proceedings against partners in trade are
conducted, for the most part, as if prosecuted
against one person alone: f,as.s,
The ~assignees shaft keep separate accounts
Of the joint stock of he company, and Of the
separate estate OF each member thereof and
after deducting out Of the whole amount re-
ceiyed by such assignces, the whole Of the
disbursements paid by them, tic nett proceeds
of the joint stock shall be appropriated to
pay the creditors of u G company, and the net,
proceeds OF the separate estate of each part
ner shall be appropriated to pay his separate
creditors and if there shall be any balance
of the separate estate OF any partner, after the
payment of his separate debts, such balance
shall be added to the joint stock, for the pay
mcnt OF the joint creditors !; and If there shall
be any balance of the joint stock, after pav.
ment Of the joint debts, such balance shall be
divided and appropriated TO and among the
separate estates of the several partners, ac-
oerding to their respective rights and interests
therein, and as it would have been if the
partnership had been dissolved without an.
bankruptcy and the sum SO appropriated tt
the separate estate of each partner shall be
applied to the payment OF his Separate debts
and the certificate of discharge shall be grant.
ed or refused to each partner as the same
would or ought to be if the proceedings had
been against him alone under this act.
This act will take effect from the LIST Of
February next.
REaARKs.-The district and circuit courts
of the u. States are the only tribunals au-
therised by this Law to hear cases in bank
ruptcy. State laws relative to bankruptcy
are suspended or abroagated BY this act, ey-
eept where they relate to corporations !; oal
banks, for instance, are not affected by thin
law, and are consequently under, or indepeil-
don, of las YOU please) the bankrupt laws oj