Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1841-09-04
From The Baltimore Paino,.


that all persons owing dcbs, VINO snail by pclition
setting forth list of his OF their creditors, the a.
mount due TO each other, together with an in,en-
tory OF his or their property of any kind, verified by
oath, apply TO the proper court for the benefit OF
this act shall be deemed bankrupts, and be declared
so by a decree of such court. All persons being
merchants or rctae of merchandise, all bankers,
factors, brokers, underwriters or marine Insurers,
owing debts to the amount Of not less than $4,000,
shall be liable to become binkrupts, and may upon
petition of one or more of their creditors, to whom
they owe not less than $500, be SO declared in the
following cases, to witt when ever such debtor
shall depart the state Of which he is an inhabitant,
with intent to deraud his ceditor or shall pro-
cure himself to be arrested, or have his goods &C.,
taken in execution; or shall his goods &C.,
or conceal them, to prevent their being levied on,
or make any fraudulent assignment OF sale of his
lands, goods, &c.-ProviJcd, however, any person
so declare bankrupt at the instance of creditor
may by petition to such court, have a trial by Jury
to ascertain the facts of such bankruptcy.
So. Enacts that all future payments convey
ances, &c. made in contemplation Of bankruptcy,
for the purpose of giving any creditor an undue
preference, or any such payment or conveyance to
any person not a creditor, for a valuable consdrra
ton, without notice shall be deemed void, and
fraud upon this act, and the assigned under the
bankruptcy. shall he entitled claim and sue for
the same; and the person making such unlawful
preferences shall receive discharge. And if
shall be made appear to the court, that in the
of voluntary bankrupt, he has at any time given
secured any preference to one creditor over ano
thcr, in contemplation Of passage of bankrupt
law, he shall not receive discharge unless assem-
ted TO by majority in interest of those of his Gre
ditorsnot preferred. Nothing in this act shall in
any way impair the rights of married women or
minors, or any liens, mortgages, &c, which may be
valid by the laws of the states respectively, and not
inconsistent with the second aud fifth sections Of
this act
S g. All property of every description, of eve~
ry person declared bankrupt, except as is herein
after mentioned, shall be ipSo ftcto divcstcd out of
the bankrupt, and tie same shall be vesed in such
as,gee as shall he appointed by the court-suits
pending by the bankrupt shall be continued by the
assignee, snd no suit by or against the assignee
shall abl,e by death of said assignee. There shall
be excepted from the provision. of this section
such necessary household and kitchen furniture of
the bankrupt, as the assignee shall designate, hay
ing reference in the amount to the family aud con-
dirion of the bankrupt, but in no case TO exceed
$500, and also the wearing appareI-on exception
being tlken to the determination Of the assignee,
the matter to be decided ty the Court.
s 1. Every bankrupt who shall comply faith
fully with the provisions OF this act shall unless
majority in number and value of his creditors who
have proved their debts shl! file their written dis
sent thereto be entitled to a iul discharge from
all lis debts and certificate thereof granted him
such certificate, however, not to be granted unless
afcr ninety days from the decree of bankruptcy
nor until seventy days notice is given TO all his
creditors and persons interested, to appear and
show cause why such certificates should not be
granted. Such bankrupt shall at all times be sub.
ect TO examination orally, or upon written ncrro
gltories, before such court, oath, in all matters
relating 10 such bankruptcy, which are necessary
for the purpose Of justice. If in any Of bank
ruptcy, majority in numb and value VI the cred
ilors who shall have proved their debts, shall
the time Of hearing the petition for discharge file
their written dissent to the allowance of discharge
and certificate, to such bankrupt, or it, upon sucl
hearing, discharge shall not he decreed to him
he may demand Trial by jury, upon a proper is
sue to be directed by the court, or he may appea
irom that decision to the Circuit Court And If
upon a full hearing it shall be found by the cour
OF the jury, that the bankrupt has in al Ting
complied with the requisItious of this act, the cour
shall declee his discharge
5. Creditors coming in and proving their
debts, in the manner hereafter rtsripeL, SHALL be
paid, pro rata, and priority preference shall b
allowed; except for debts due in the United States
aud llborers in service of the bankrupt when thos
OF the latter shall no, exceed $50. Al creditor
whose claims not due ill future day, sh,
have their present value a,certained aud all.we,
6, The district court, in every district, sha
have jurisdiction in all matters and proceedings az
sing under this act, the pracccIingslo to be summar
and the cOurt always to be open. The court
prescribe forms and rules for the regulation OF pro
ceedIug', and 10 prescribe taIiff of fees.
81. All proceedings in case of bankruptc
shall take place in the district in which the banl
rupt resided when his petition was filed, and O
proof, of debts other claims by creditors shall
under oath before such court or commissioner
pointed thereby, OF before some dsinterested sta