Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-09-04

which NAV time be
conform all the other acquisitions
this shall (uaiess majo-ity in number and value o
his cred tor who have proved their debts shall hle ~
written tereto) entitled full discharge FROM
all debts deceed and allowed by the which
aakrupt, and acertfcate thereof grant
him by such accordingly upon his petition file
purpose discharge and certificate how
granted until after ninety days from decroa
of bankruptcy until after seventy days notice
public newspaper court, II creditors
who have proved their debts and other III interest
appear at particular tac and place. to show cause why
such discha and certificate shall be granted which
time and place such creditors other ia inter
may appear and tbs right of the bankrupt there
P0Ud3, That in all where the residence OF the
creditor IS known service him personally . by letter
addressed him his known usual place of residence,
SHALL be ribbed By the conrt in their discretion sha
seem proper having regard TO the distance az "hich me
creditor resides from such And if such bank
rupl shall be guilty of fraud wilu ealmen of
his property, or rights OF property, or shall have preferred
of his creditors contrary the provisions OF this
shall wiifuly omit, refuse comply with orders
or directions OF such court or TO conform to any other re-
qIstc5 of this SHALL in the proceedings under this
act fictitious debt, against his estae, he
shall be entitled any such discharge certificates
shall person. being merchant. banker factor bro
ker underwater, marine insurer, be entitled TO any such
discharge or certificate, who shall become oaAkrup and
who shall have kept proper books of account, after the
passing OF this any person who after the passing
of this shall apply funds 10 his own use: Pfort-
ded That discharge of bankrupt under this act shall
releaso discharge who may be liable for the
debt partner, contractors endoer, surety
otherwise, for with the bankrupt And such bankrupt
shall at all times be subject examination orally
written inerrogaorios and before such any
appointed by therefor, OATH il
conscientiosly scrupuous of taking oath, upon his SOL
affirmation, in all matters relating bankruptcy,
aud his and doings, and his property and rights Of
property, which the Judgment of such court, nsres-
and for the purpose OF JUSTICE and II IN any
affirm falsely he shall be deemed guilty of pefjI
and shall be punishable therefor III like the
of perjury is punishable by the laws of The u.
States; and such discharge and certificate, when dGly
granted shall i'll all of Justice be deemed full anl
OF such bankrupt which proyeabe under this
and shall be and may be pleaded full and complete
bar all suits brought in any of udcate Whatever
and the shall be conclusive evidence of itself in favor
of such bankrupt. unless the shall be upeachal
fraud wilfu conceament by him of his property,
rights OF property, as aforesaid contrary to iae provisions
OF this prior reasonable notice specifying writing
such fraud or coaceamant; and IT, Of bankrupt
ey MAJORITY IN number and Vaiue OF the creditoF VINO
shall have proved their debts the time of hearing Of the
petition of the bankrupt for discharge heFsinbeo7e
'sa shail at such nearing ME heF written dent 10 the
allowance OF discharge and certihcaed TO such bankrupt.
it. upon such hearing discharge shall be decreei 10
nm, ne 5tnkTut may demand trial by Jury upon prop
and such the may ,.ruy op-
peal om that decon at time within ten days there
after, circuit neXt be held for the dis
simply entering the district court,
clerk thereof record his prayer Tor an appeal snail be
tried of the circuit after it be taken,
unless for sufficient continuance be graned and
II may be heard ana Determined ny saA COURT sua ny,
by jury the option of bankruPt aud the creditors
may appear and object against decree of discharge and the
allowance of the discharge OF the ceTcate as haeinb2
provided. And if upon fun hearing of the parties. il
appear satisfaction of the the jury shalt
find the bankrupt has made full disclosure and
all estate, this required has
NIL things confored the directions thereof the shall
make decree of discharge, and grant certificate;
provided i'll this
Sec. 5 ind be it further enacted, That all creditors
coming and proving their debts under such bankruptcy.
prescribed, the being bona Gae
debts. shall be entitled to share IN the bankus property
md effects, without priority preference
except only for deb. due by such bankrupt
he United States, and for all debts due by him to
who by the laws United States, have Preference
consequence OF having paid moneys as his u7ees, which
ha be first paid out of the asets and any person who
shall have performed any labor operative in
lice any bankrupt shall be entitled receive the
mount OF the wages due to A Tor such labor not exceed
twenty-five dollars: P0uaed, That such labor shall
lave been performed wthin six months before .
bankruptcy OF his employer; and AL cretos whose debts
ire due and paybie future day. all annGiants,
FOLDERS of boomfy and esponientia bonds holders poll
suetas endorsefs or other persons
avng demands against bankrupt,
hall be permitted and claims
nier this act and shall have right when hei. debts and
lRnls become absolute, have the allowed them;
annutants holders OF debts payable
the present value reof aceEained under
ebts present; and creditor other person, coming
proving his debt other claim, shall be ::
antan suit law in equity thereof, but shall be
eensd thereby have waiEe all rizt of action aud
sain~ such bankrupt; and all proceedings already COM
enced, and all uDsotjsici judgments already obtained :
lereoa, shall deemed be surrendered thereby; and
where there mutual dentsu credits q
deb; claim between them. ami ba
eemcd ad listed by the Of all proof debts shall -
made before the decfcens the bankruptcy 80
commissioner appointed By The court oE tina: pu-
,se: such shall fail power aside =
nd GIsaiiow debt, upon proof that such GeOt fou
ed fraud imposition. illegally, mistake and carpo-
whom any debts due may make proof thereof
her president, cashier, treasurer other officer
ay specially appointed for that purpose; and in a- ~
,n,ng commissioners receive proof of debts. and per
duties under tho provisions of this the said ~
NIX Snai aIp'i' sucn Pf7 rs "aFe ''e+I IN fy
: county III " '''c'' 'hs bankrupt 4'Fe= be
Sec. g. and &c 1t farther enacted, That the district
district shall have jurisdiction in all matters N
III proceedings in bankruptcy arising under and IN
other which may heEeattsrba passed the subject ~
baahruptcy the said Jurisdiction n be exercised suama
III the nature of summary proceedings equity; and
this purpose The said district shall he deemed al III
avs open. Ard tbs district judge may adjourn any point -
question arising ii any in bankruptcy the cir
at court l7 the district, his discretion. heard -
10 determined; AMI f.! This PaFp1sa rjrcu of
,t., - '7' o 'sa'ts ".Fafs open. AL ''e ed
- -, 800 's-feI on ''e .'s'F',i court snail eS- an
80 40 bs 80 49, III 5a'-5a1'oy a['saS De- az