Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-08-24

= "o snaI Nluu'y ana corr Dtly answer, or swear
"hrm tatoly, he shall de deem guilty Of periuTl
and shall be punishable therefor the like mann,
AS tue CRIME OF perjury IS now punishable 10y th
laws OF the United States and such; . harc
ani eerlhcStc, when duty granted, sh,ll, IN a
- courts OF justice, lie deemed a full and complc
di'eharse Of al debts, contracts, and other en-
gNsemens of such bankrupt, which are Pre-
Neao.e under this act, and shall be and may
pleaded as full and complete bar TO al suits brnusl
II IN any court ct ladic'ture whsteVer, and the sam
snail be conclusive evidence OF itself IN favor OF sue
bankrupt, unless the same shall be iMpeach
ed Tor some fraud or wifu concealmCnl by hun ,
: MS properly, or nights Of property as aforesaiC
contrary to tho VISIONS OF this act on prior rea
soaaoIe notice specifying m writing suci fraad q
concea ment; and u, in any c-S, of baukruptcy
majority, IN number and value, of the creditors. wh
ShaiI nave proved their debts al the timc Of hear
ins OF the petition Of the ban rupt for discharc
as heTeinb"'ore provided shall at such hearing nj
thclr written Clssentzt1 the allowance OF 4. charg
! ana certificate to such bankrvp;, or IT, upon Sucl
nearing, n discharge susl rot I've jecreed Ia h'm
the bankrupt may demand trill by i.ry unon i
proper issue to 10" directed by the court al su-l
uile and rloce and IN such manner as the court
may order nc may Rnreal from tlat decision
AT any Tune within ten days Thereafter, TO the CIR.
cut court next TO he hel for the sane dish Ct bv
SIMPLY entering IN The district court, or with the
clerk '1ereo upon record, his PRAYER Tor appeal.
ne appeal STALL % tired at the first tern, of the
circuit court aiier II be taken, unless for .ufcien,
reason continuance be C.antcd and {, may Uc
heard and determined by said court summarily or
! ny jury at the option OF a bankrupt; and the
creditors may appear and obiegs against a decree
OF discharge and the allowance OF the certificate as
hereia before provided. And Il, upon full hear
ing Of the parties 1t shall appear To the satisfaction
o. inc court, or the Jury shall find, that the bank
I rupi has made full disclosure and surrender OF al
hiS estate, a. by 'his act required, and has IN ali
things conormed to the directions thereof the
court shall msSe decree OF discharge, and grant
/ a certificate, provided in this act
Sec ). Had BE- IL further enacted That all cr~d..
/ tors coming and proving their debts under such
oankrup'cy, IN the manner hereinafter prescribed
the same being bona fie debts snail be entitled TO
share n the bankrup''s properly and effects, pro
rata, without any priority or preference whatsoever
except only for deb:s due by such bankrupt to the
United States, and for ali debts due by rim to per
sons who, 10y the laws Of the United States, have a
preference, IN consequence OF having pud moneys
as ms sureiiesr which shall be hrs paid Of the
assets; and any person who sha. have performed
any NCor operative in tie service of any bank
rupt shall be entitled To receive the fU amour, of
the wages due TO him for such abor, not exceeding
twenty hve do lars: Prnri,d, That such labor sha
have been performed within SIN months next bei re
the bankruptcy Of ms employer; and all creditors
whose debts not due and payable until a future
day, al. annut0rts, holders OF bottomry and respon
denta bonds, holders of policies OF assurances
suretcs, endorstrS, bail, or other persons having
uncertain nr contingent demands against such bank
rupt shat We permitted TO come IN and prove such
debts or claims under this act, aud shall have Il right
when their debts and claims become abso ute 10
have the same allowed them; and such annullants
and holders OF debts payable future may have the
present value thereof asceraInCd under the direction
OF such court, anu allowed them accOrdirglv as
debts IN present.; and cred..o. or other person
coming iu and proving his debt or other claim shl.
he allowed 10 maintain any suit al law or IN equity
therefor bu shat, se deemed thereby 10 have waved
=" r'sh OF acton and SUIT against such oinkrup; and
a proceedings already commenced and all unsat SIZED
Judgments already obtained thereon, shall be deemed
10 be surrendered thereby; and in al. cases where
there are mutua. debts or muiul credits between
the parties, the balance only shat. be deemed the
true debt or claim between them, and the residue
shall be deemed adjusted by the set-oif; al. such
proof OF debts shall b. made before the court de-
creelng the bankruptcy or before some comm ssInner
appointed 10y the court for that purpose; but such
cour; shat have full power 10 set aside and dislIIow
any debt, upon proof that such debt j. founded in
fraud, imposition, OIL &C Atty mistake; and cJrpo-
ratons 10 whom any debts are due may make proof
thereof 10y their president, cashier, treasurer or
other otacer, who may be specially appointed for
that purpose; unt IN appointing commissioners TO
receive proof Of uents, md perform other duties un-
der the provisions VI his act, the SAID court sha.
appoint such persons rs lave their residence IN the
county IN which the bankrupt lives.
SEC. 8. ind be Il fErIs, enacted That The dis
Irct court N every disluc sha.. have jurisdiction 10
all matters and proceedings IN bankruptcy arising
under tins act and any Other act which may here.
after be paSse! on the subject OF bankruptcy; the
SAID jurisdiction 10 he exercised SImmarI.y, DO the
naiUse OF summary proceedings IN equity: and Tor
tins purpose the said district cOur. shall be deemed
always open. And the district Judge may adjourn
any point or question arising M any case IN bank
ruptcy into the Circuit court for The district m his
discretion, to be there heard and determined; and
for this purpose the circuit court Of such alsr.c;
shall also be deemed always open. And the i4-
rlslictlOn hereby conferred the district cyurt
shall extend to al. cases and controversies IN bank
ruplcy arising between the bankrupt and any Gre
dior or creditors who sha.. aim any debt or de-
manj under the bankruptcy. 10 al cases and con
troyeTslCs gtuscn such creditor creditors and the
assignee U. the estate whether 20 Ctl-c removed,
TO al. cases and cputgoTsTs.-s between sucp ASST
nee and the bankrupt, an- 20 O.. acts, matters and
things 20 be done .Glcr and ~ virtue Of III bank
rIp,cy, Until thtNaa' distribution and settle
msul OF the estate vt o." rlnEruD- ana tie
close OF the proceedings lu bankruptcy. And tho
SAID courts shall have ia. authority and ius slIcioa
10 eomae. oggd cncs 10 all Orders aud DEGREES pass.
, ei 10y lh-n IN bankruptcy, Uy process %. contempt
and other remedial process, she same cytCu, The
ccui' court may Low d. N ANY SUI. plnlius there
! 10 M tqu!y. and % shall. the LIty OF the Gs
tic court 10 each ist-t, from Tine 10 ,.ma 90 pre-
scribe suitable rules and -egu5 atoms and forms of
| proceedings In an matters Of bankruptcy; W..-r
rules, re- g.ayuas, and forms sha he subject % boz
altered, added 10, revised, anE4ltd, by the l..-
.-i court o' ile same district, and other rI e. and
-=--.----s, AID '9rms substituted therefor, arI In
A. s- o. 50 ~ ai.5l-, and q. rms 70 sha. he tin
ca. e.. .-- 8 courts .O make them as simple and
.--' as .-1-'-1y.s, 90 .ac cad 10 AVOID al. Inu--
--.A.-. .T-r and 90 facilitate the use thcIeaf
- .-- r--.- SO large. And .ba sid cOur.s shall.
.--- aug 20 rmrr prescribe a tariff oc cable OF fee.
--1 -a-tEes, 20 be taxed by the officers OF she .ur,
20 other persons Tor services under ihg act ur any
other on the suolec! OF bankruptcy; which fees shall
be as low Us rrN..dU @, with reference TO the ma
i turg and cn1rlC'erU Of such services.
Sec. :. find be- 40 further su1ctsd Tha. a q .sti-
/ tons Y any bankrupt for the benefit OF this act
! and oil. petitions by creditor against any bank
ruPt under tHs act, and all proceedings m tue case
10 the close thereof shall be had M the dstrc. court
within and for tie district IN which the person sun.
+. posci IN be a uauErUp. shall reside, or have M,
place yt business 40 the time when such petition s
/ filed, except where otherwise provided IN thl. act.
And upon every such petition, notice thereof sl..
/ be published In one or more public new4r1.a--
printed 10 such G.-.TC', 10 Dc designated By such
court, at least twenty Jays before the hearing there
/ n, and al. persons interested may appear "a, the
/ time and place where the hearing IS ,Hus Z. he had
and show c1usc, u any they have, why .lc r-1vrr
OF the said petitioner should not be grru,eI : a..
evidence by witnesses 20 DO used .n aI hp8rH.r DO.
/ lore such court sH1. be under OATH rr s1Igu r.
/ asn1 ION when The party ,s ,rss.snu0usy 5-lup.-
loIs ~ ;airg an oath, and nay be- ora. or roy De-
position, taken before such court ny b.f no. any COM
I.su'srCsiC. STATE .ud.s ~ Tho Sur. Do which ,ts
deposition s taken; and Oil proof Of debts or Other
elaine. ~ c."gsfJfs nrfed 10 prove the srrro ry
this ac', snail be- under 9th or solemn firmatror
1s 1ior 1i, before such court or comm .sisrcr no.
20 nird ihrfc y, OF before some lIsnterssted STATE
Judge p tna State where the creditor. i've boz such
form as may boz prescribed ~ the rules and rrrt.4.
tons hTGlrgc.org authorized M uo made and g.,aH-
.ishca " ine courts having jurisdiction In bank.
ruplcy. b., al such proofs Of debts nrg o'Her
claims sFa.. DC open ir gyuigftItIUu boz the r-rasr