Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-11-27

ulreCltOnS, WIilCu may lIoiu tilHc W tiiile nc
made by the proper court, he shall be ent-
tied to decree Of full discharge from all
his debts.
But--not, if a majority in number and
value of his creditors who have proved
their debts shall file their dissent thereto.
Motif he shall be guilty of any fraud
or wilful concealment of his property or
rights of property. :.
Motif he has, in contemplation of bark
ruptcy, for the purpose of giving a cred-
tor or other person a preference, or prior
ity arranged any of his debts by payment
or otherwise.
Motif being voluntary bankrupt, he
has since lst Jan. last or at any other time,
in contemplation of the passage Of a bank
rupt law, by assignment or otherwise pre-
fcrred one creditor over another, unless
majority in interest, Of his unpreierred
creditors assent. (Sec. 2)
Motif he shall wlfully omit or refuse
to comply with any order of the court, or
conform to any other requisite of this act.
Motif he shall admit a false or fcti-
tious debt against his estate.
Motif being merchant, &c. he shall
become bankrupt and shall not have kept
proper books of account, after the passing
of this act.
Motif after the passing of this act he
shall have applied trust funds to his own
use.
Motif before discharged, unless his es-
tate produce, after all charges paid, rs
per cent on the debts allowed. (Sec. l2.)
2. Ho,c is this discharge to be obtained
|. The bankrupt must file petition for
that purpose.
2. Ninety days from the date of the de-
cree of bankruptcy must expire, before
the court can decree discharge.
g. He must give 10 days notice in news.
paper to be designated by the court, to all
creditors proving their debts, and other
persons interested, to appear at certain
time and place to show cause why such
discharge and certificate thereof shall MOI
be granted--and
4. Personal notice or by letter as the
court shall decree to all creditors whose
residence is known. (Sec. A.
5. On the day notified, the bankrup
and his creditors shall have hearing, ant
the reasons for and against his discharge
shall be canvassed. Then, and at all othe
times, before the court or the courts com
missioners, the bankrupt shall be subject t
examination orally or on written interroga
tories. on oath or affirmation, in all mat
tiers relating to his bankruptcy, his acts ant
dongs and his property and rights of prop
ertv, under the supervision Of the court
(Sec. ~
8. The rights of the bankrupt, If at frs
prerented from obtaining his discharge.
l. By Sec. ~ If at the hearing, ma
al, &C fha for
proving their debts, file their written dis
sent to the allowance of the discharge an
certifcate--or
2. If the court under the circumstance
shall refuse discharge, the bankrupt ma.
demand a trial by jury, upon a prope
issue TO be directed by the court; or, furth
err
3. In the latter case, he may appeal from
the decision of the court, within ten days
to the circuit court of the United States
to be held for that district: submitting hi
case to the court alone or a Jury as hi
chooses, and,
If the court shall be satisfied or Jury
shall find that he has made full disclosure
and surrender of all his estate, and has il
all things CONFIRMED to the directions o
this act, the court shall make decree o
discharge and grant a certificate thereof
Moreover if on his examination, tn
bankrupt swear falsely, he shall be guilt.
of and punishable for perjury, as punishe
by the United States laws.
4. The operation Of discharge.
Sec A. A discharge and certifcat
shall in all courts of justice, be full an
complete discharge Of all debts, contracts
and other engagements of the bankrup
which are provabIe under the act; and ma
be pleaded as full ana complete bar
all suits brought in any court OF Judlcatur
whatsoever, and shall be conclusive evI
dence of itself in favor Of the bankrup
unless impeached for some fraud or wilt
concealment of assets by him, on pro
reasonable notice, specifying in writin
such fraud or COncealment.
But ii shall not discharge any person Ii;
bic for the same debt as partner, Joint COZ
tractor, surety, or otherwise.
1t shall not, nor shall any thing in tn
act contained, annul or impair any lawfi
rights of married women or minors, {
any lien, mortgage or other security o
property real Or personal, Provided til
same are not arrangements for frauduler
preference (as in Sec. ? spocitied.)
IV.-Distribut'on Of Bankrupts Effects.
Sec. 5, provides, That the effects of Il
bankrupt shall be distributed by paying
/. Debts due by him to the United State
2. Debts due persons, who by the Unite