Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-11

impeached for some fraud or wilful conceal
ment by him of his property, or rights Of
property, as aforesaid, contrary to the pro-
visions of this act. on prior reasonable notice
specifyngin writing such fraud or conceal
ment; and if, in any case of bankruptcy,
a majority, in number and value of the
creditors, who shall have proved their
debts at the time of hearing of the petit
ton of the bankrupt for discharge as
hereinbefore provided, shall at such hear
ing file their written dissent to the allow
ance of discharge and certificate TO such
bankrupt, or if. upon such hearing, dis
charge shall not be decreed TO him, the
bankrupt may demand trial by jury upon
a proper issue to be directed by the court,
at such time and place and in such manner
as the court may order; or he may appea
from that decision, at any time within ten
days thereafter, to the circuit court next
to be held for the same district, by simply
entering 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 after 1t
be taken. unless for sufficient reason, con-
tinusnce be granted; and it may be heard
and determined by said court summarily.
or bya jury, at the option Of bankrupt;
and the creditors may appear and object
against a decree Of discharge and the al
lowance Of the certificate, as hcreinbefore
provided. And if upon full hearing Of
the parties, it shall appear to the satIstac-
1on Of the court, or the Jury shall find
that the bankrupt has made full dsclo-
sure and surrender Of all his estate, as by
this act required. and has in all things con-
formed to the directions thereof, the court
shall make decree of discharge, and grant
a certificate. as provided in this act.
Sec. 5. And be 1t further enacted, That
all creditors coming in and proving their
debts under such bankruptcy, in tn" man.
ner hereinafter prescribed, the same being
bona filc debts, shall be entitled to share
in the bankrupt's property and effects, pro
rata, without any priority or preference
whatever, except only for debts due by
such bankrupt 70 the United States, and
for all debts due by him to persons who,
BY laws Of the United States, have pref
erence, in consequence of having paid
moneys as his sureties, which shall be first
paid out of the assets; and any person who
shall have performed any labor as an ope
rativc in the service Of any bankrupt shall
be entitled to receive the full amount Of
the wages due to him for such labor, not
exceeding twenty-five dollars: PIOriaed,
That such labor shall have been performed
within six months next before the bank
ruptcy Of his employer; and all creditors
whose debts are not due and payable until
future day, all annutan!s, holders Of bot
tomry and respondenta bonds, holders Of
,cia Of
bail. or other persons, having uncertain or
contingent demands against such bankrupt,
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 annutants and
holders Of debts payable in future may have
the present value thereof ascertaned, under
the direction of such court, and allowed
them accordingly, as debts in presents; 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 there
by to have waived all right of ac-
ton and suit against such bankrupt;
and all proceedings already commenced,
and all unsatisfed judgments already OBJ
tanned thereon, shall be deemed to be
surrendered thereby; and in all cases
where there are mutual debts or mutual
credits between the parties, the balance
only shall be deeme ed the true debt or calm
between them. and the residue shall be
deemed adjusted by the scl-oii; all such
proof of debts shall be made before the
court decrccing the bankruptcy. or before
some commissioner appointed by the court
for that purpose; but such court shall have
full power to set aside and dsallow any
debt, upon proof that such debt is founded
in fraud, imposition, illogality, or mistake;
and corporations to whom any debts are
due may make proof thereof by their
president, cashier, treasurer, or other off. |
Ger. who may be specially appointed for
that purpose; and in appointing commits
sjoners to receive proof Of debts, and per-
form other duties, under the provisions Of
this act, the said court shall appoint such
persons as have their residence in the coun-
ty in which the bankrupt lives.
Sec. 6. And be ii further caacted, That
the district court in every district shall
have jurisdiction in all matters and prncec.
dings in bankruptcy arising under this act
and any other act which may hereafter be
passed on the subject of bankruptcy; the
said jurisdiction to be exercised sumnarilv.
in the nature Of summary proceedings in |
equity; and for this purpose the said dis
trict court shall be deemed always open.
And the district Judge may adjourn any