Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-09-14

he shalt wllEully and corruptly answer,
or swear or affirm falsely, he shall be
deemed guilty ofperjury, and shall be
punishable therefore in like manner as
the crime of perjury is now punishable
by the laws of the United States; and |
such discharge and certificate, when
duly granted, shall, in all courts of
justice, he deemed full aud complete |
discharge from all debts, contracts, and |
other engagements Of such bankru pit |
which are proveable under this act, |
and shall be and may be pleaded as a |
full and complete bar to all suits
brought in any court Of judicature
whatever, and the same shall be con
elusive evidence Of itself in favor of
such bankrupt, unless the same shall
be impeached for some fraud or vii
ful concealmentby him of his proper
ty, as aforesaid, contrary to the provis-
ions ofthis act, on prior reasonable
notice specifying in writing such fraud
or concealment; and if, in any case of
bankruptcy, majority, in number and
value, of the creditors, who shall have
proved their debts at the time of hear
ing of the petition of the bankrupt for
discharge as hereinbefore provided,
shall at such hearing file their written
dissent to the allowance of a discharge
and certificate to such bankrupt, or if,
upon such hearing, a discharge shall
not be decreed to him, the bankrupt
may demand trial by jury upon pro-
per issue to be directed by the court,
at such time aud place and in such
manner as the court may order; or he
may appeal 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 al-
ter il be taken, unless, for sufficient
reason, continuance be granted; and
II may be heard and determined by
said court summarily, or by jury, al
the option ola bankrupt; and the cred
ltors may appear and object against a
: decree of discharge and the allowance
f ofthe certificate, as hereinbefore pro-
vided. And if upon full hearing o.
the parties, it shall appear TO the
/ satisfaction of the court, or the
! jury shall find, that the bankrupt ha'
= made full disclosure and surrende
= of al. his estate, as by tlis act required
| and has in all things conformed to tn
: direction thereof, the court shaI
, mako decree of discharge, an
r grant a certificate, as provided in thi
4 act.
Sec. 5 Ind be 1t further enacted
That all creditors coming in and prov
! ing their debts under such bankrupt
cy, in the manner hereinafter prescr
: bed, the same being bona fde debts
= shall be entitled 10 share in the bank
h rupt's property and effects, pro rat
a without any priority or preference
y whatsoever, except only for debts du
: by such bankrupt to the United State;
: and for all debts bue dy him to person
-, who, by the laws of the United State:
s have preference, in consequence
t having paid moneys as his suretie!
e which shall be first paid out of the as
! sets; and any person who shall hav
performed any labor as an operative
r the service of any bankrupt shall b
d entitled to receive the full amount
= the wages due to him for such llbo
e not exceeding twenty five dolla
V PrOUided, That such labor shall ha,
= been performed within six months ne,
e before the bankruptcy of his employee
! and all creditors whose debts are NJ
i due and payable until future day, Z
: annuitants, holders ofbottomy and r
II spondentia bonds, holders of policlt
ii of insuran ces, sureties, endorsers, bai
d or other persons, having uncertain
n contingent demands against sue
o bankrupt, shall be permitted TO con
: in and prove such debts or claims u
V del this act, and shall have RICH
Y when their debts snd claims becom
5 absolute, to have the same above
| them; and such annuitants and hoide
: of debts payable in future may haV
r the present value thereof ascertainet
Y under the direction of such court, an
i allowed them accordingly, as debts
: present.; and nc creditor or other pc
: son, coming in and proving his del
e or other claim, shall be allowed
e maintain any suit at law or in eqult
: therefor, but shall be deemed thereb
: to have waived all right of action an
:, suit against such bankrupt; and all prc
/ ceedings already commenced. and a
e unsatisfed judgments already Obtain
: ed thereon, shall be deemed to
! surrendered thereby; and in all case
o where there are mutual debts or mutt
q al credits between the parties, the ba
ct ance only shall be deemed the tru
at debt or claim between them, and Il
! residue shall be deemed adjusted b
;. the set of; all such proof of debts sha
% be made before the court decreelng Il
r. bankruptcy, or before some comml