Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-09-02


directions VI such court, as fully, TO all in,enis
aud purposes, as If the same ere vested ln
or might he exercised by, such bankrupt
before or ai the time Of his bankruptcy de.
clared as aforesaid aud all suits in law OF
equity, then pending, in which such bank
rnpi Is party, may be prosecuted ond dc.
Tended by sach assignee TO their FINAL con.
c.usioD, in The same way, and With the same
effect, as they might have been by such
bankrupt; and no suit commenced by or a.
gainst any assignee shall be sbatcd by hi,
death or removal from office, but The SAN,
may be prosecuted or defended by his sue
cessor in the same Office Pyo,Ided, howtre,'
That there shall be excepted from the opcr
alton of the provisions Of THE section the
necessary household and kitchen furniture
and such other articles and necessarics oI
such bankrupt as the said assignee shall
designate and set apart, having reference in
the amount 10 the family, condition and cir.
cumstnnces Of the bankrupt, but altogether
not TO exceed in value, in any case, The sum
OF three hundred dollars and also, the wear
ing apparel of such bankrupt, and that of his
wife and children ; and the determination OF
the assignee IN the matter shall, on exception
taken, be subject to the final decision Of said
court.
SEC. 4. find be IL further enacted, Tha,
every bankrupt who shall bona tde surrender
all his property and rights Of property, with
the exception before mentioned, for the bch-
eff Of his creditors, and shall fully comply
with and obey all the orders and directions
which may from time TO time be passed by
the proper court, aud shall otherwise conform
10 all the other reQuisi,lops Of this act, shall
Ia q A.
creditors, who have proved their debts, shall
i.le ihelr written dissent theretol be entitled
to fufl discharge from all his dehts, to be
decreed and allowed by the court which has
declared him a bankrupt, and a certificate
thereof granted to him by such court accord.
ingly,upon his petition filed for such purpose;
such discharge and certificate not, however,
to be granted until after ninety days from the
decree Of bankruptcy, nor until after seventy
days notice ~ some public newspaper, de-
signatcd by such court, 10 all creditors who
have proved their debts, aud other persons
in interest, TO appear At particular time aud
place, 10 show cause why such discharge and
certificate shall not be granted at which
time and place any such creditors, or other
persons III interest, may appear and contest
The right Of the bankrupt thereto: Propided
That in oil cases where the residence of the
creditor IL known, service on him person
ally, or by letter addressed to him at his
known usual place OF residence, shall be
prescribed by the court, MS in their discretion
shall seem proper, havipg regard 10 the dis
taDee at which the creditor resides from such
court. Aud If any such bankrupt shall be
guilty Of any fraud or wilfil conceslment Of
his property or rights Of property, or shall
have preferred any Of his creditors contrary
To The provisions Of this act, or shall wiiully
omit or refuse TO comply with any orders or
directions Of such court, or 10 conform 10
any other requisites of this act, or shall, in
the proceedings under this act, admit false
or fictitious debt against his estate, he shall
not lie en,ulcd TO any such discharge or GER
tlficate, nor shall any person, heiNg mer.
chant, banker, factor, broker, underwater, or
marine insurer, be entitled to any discharge
or certificate, who shall become bankrupt,
aud who shall not have kept proper books Of
account, after Tie passing Of Tins act nor
any person who, nfter the passing Of this act,
shall apply trust funds TO his own use: Propi-
ded That no discharge of any bankrupt under
this act shall reclse or discharge any person
" bo may be lmble for the same debt as part
ner, joint contractor, surety, or otherwise, for
Or with the bankrupt. And such bankrupt
sha al all times he subject 10 examination,
orally, or upon written intcrrogatorics, in and
before such court, or any commission APP
pointed by the court therefor, on oath, or, IL
scrupulous of taking an oath, |
Dpun his solemn affirmation, in all matters
relating to such bankruptcy, and his act. and
longs, and his property and rights of proper
iy; which, in The judgment Of such court, are
necessary md proper for the purposes of
Justice and if in amy such examination he
shall wilfully and corrupty answer, or swear
or affirm falsely, he shall be deemed guilty
Of pc rjury, and shall be punishable therefor
in like manner as the crime Of perjury is now
punishable by the laws Of the United States
aud such discharge and ccrlihcate, when
duly granted, shall, IN all courts OF justice,
be- deemed a full and Complete discharge of
oil debts, contracts, and other engagements
of such bankrupt, which are proveable under
his act, and shall be and may be pleaded as
a full and complete bar TO all suits brought
IN any court Of judicature whatever, and the
same shall be conclusive evidence OF itself
n favor Of such bankrupt, unless the same
shall be lmpenched for some fraud or wituI
,onccalmcnt by him of his property, or rights
,f property, as aforesaid, contrary 10 tho
PROVISIONS OF this act on prior reasonable no
ice specifying IN writing sucn fraud or oon-
'calment and II, IN any case Of bankruptcy,
majority, in number and valuo, al the
,redltors, who shall have proved their debts
Il the time Of hearing of the petition Of the
bankrupt for discharge as herombufore
provided, shal at such hearing flo their
written dissent to- the allowance Of dis
hargo and certificate TO such bankrupt, or il,
Ipon such hearing, discharge shall not be
ecreed to hin, the bankrupt may demand q
rial by Jury upon proper issue tn be direct.
ii by the court, at such time and place aud
n such manner as the court may ordor or
10 may appeal from that decision, at any /
ime within ten days thercailor,to the circuit,
ourt next 10 be held for the same district,
y simply entering in the district court, or \
With the clerk thereof upon record, his
'rayer for an appeal. The appeal sholI DC
red at the Erst term OF the circuit court at
er IL be taken, unless, for sufficient reason,
continuance be granted and II may be- II
lenrd and determined by SAID court sumnIa.
lily, or by jnry,at the option cf bankrupt;
md the creditors may appear and object
.goinst decree of discharge aud the allow
nee Of the certificate, Hs hcrclnbcfOre pro II
idcd. And T., upon full hearing Of the
,arlies, II shall appear TO the satisfaction oi
he court, or the jury shall fnd, that the bank.
upt has made a full disclosure aud sdrren