Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-09-06
MONTPELIER, SEPTEMBER 6, 1871.

rupt but no such order or direction shall he made
unit notice OF the application is given in some
public newspaper in the district, 10 be designated
by the court, ten days at least before the hearing
so that all the creditors and other persons in in
terest may appear ard show cause, it any they
hive, at the hearing, why the order or direction
should not be passed.
Sec ~. find be IL further enacied That il any
person who shall have been discharged under this
act, shall afterwards become bankrupt, he shall
not ngan he entitled to n discharge under this act,
unless his cstate shall produce latter all chnrges)
sufficient to pay every creditor seventy-hye per
cent. on the amount of the debt which shall have
been allowed to each creditor.
Sec. 10. find be II further enacted, That the
proceedings IN all cases in bankruptcy shall lie
deemed matters Of record but the same shal not
he required to be recorded at large, but shall he
carefully filed, kept aud numbered in the office
OF the court, and docket only, or short memo
randum thereof, with the numbers, kept in book
10y the clerk OF the couit; and the clerk of the
court for athxing his name aud The seal Of the
court to any form, or certifying copy thereof,
when required thereto, shall he entitled to receive,
rs compensation, the sum Of twenty five cents,
aud no more. And no officer of the court or
commissioner, shall be allowed 10y the court more
than one dollar Tor linking the proof of any debt
or ether Claim of any creditor other person
against the estate of the bankrupt; but he may be
allowed in addition, his actual truve, expenses for
that purpose.
Sec Ii. find be IL further enacted, That where
Two or more persons, who partners in trade,
become insOlvent, an order may be made i'm the
manner provided in this net, either on the petition
Of such partners, any of them or on the petit
ton OF any creditor of the partners; upon which
order all the Joint stock and property Of the COM
pnny, aud also all the separate estate Of each of
the partners, shall be taken excepting such parts
thereof as are herein excepted and all the credi
tors Of the company, and the separate creditors of
each partner, shall he allowed to prove their re-
spectve debts and the assiguecs shall also keep
separate accounts OF the joint stock property Of
the company, and of the separate estate Of each
member thereof, and after deduclilg out of the
VIII lie amount received by such assignees, the
whole of the expenses and disbursements paid Nv
tlIcm the nett proceeds of the Joint stock snll
he appropriated 10 pay lie creditors OF the COM
pany, aud the melt proceeds of the separate es-
tnte OF euc partner shall he appropriated TO nav
his separate creditors; and if there shall he any
balance Of the separate estate OF amy partner after
the payment OF his separate dehls, such balance
shall be added 10 the Joint stock for the payment
OF the joint creditors; and if there shall be any
balance 0i the joint stock, after payment of the
joint debts, such balance shall I've divided aud APP
prOprIated TO aud among the separate estates of
the several partners, according 10 their respective
rights and interests therein, us it would have
been IL the partnership had been dissolved without
any bankruptcy and the sum appropriated 10
the separate estate of each partner shall be applied
to the payment of his separate debts nlI the GER
tlficate of discharge shall be granted or refused to
each partner, AS the same would or ought to he ii
the proceedings had been against him alone under
this act and in all other respects the proceedings
against partners shall be conducted in the like
manner as 1t they bad been commenced aud pros
eculed against one person alone
Sec. Is. And be ii further enacted, That copy
Of any decree Of bankruptcy, and the appoint
nent oil assignees, directed by the third section
of this acr, shall be recited in every deed Of lands
belonging to the bankrupt, sold aud conveyed by
any nssgnccs under aud 10y virtue OF this act;
aud that such recital, together with Il certified
copy OF such order, shall he iull and complete
ev idence both of the bankruptcy and assignment
therein reced, and suprrcede The necessity of
any other proof of such bankruptcy and assign
ment TO validate the said deed aud all deeds con-
tanning such recital, and supported by such proof,
shall he rs et1tcltul 10 pass the title of the bank
rupt Of, ill., and 10 the lands therein mentioned
and described TO the purchaser, AS fully, 10 all in
tents and purposes # made 10y such bankrupt
himself Immediately before such order.
Sec. To- And be il further enacied, That all u-
riscion, power md authority conferred upon
and vested in the district court of the United
States by this act in cases in bankruptcy, are
hereby conferred upon aud vested in the circuit
court Of The United States for the District of CO.
iImhlh, aud IN and upon the supreme or superior
courts OF any of the trrriinres of the United
States, IN cases of bankruptcy, Nhere The hank
rupi resides in the said District of Columbia, or in
either OF The said Territories.
Sec. IL. find be II further enacted, That this net
shall take effect from and after the first day of
February next
JOHN WHITE,
Speaker Of The House of Representatives.
SAM l. l.. SOU1HARD,