Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-11
some newspaper or newspapers in tho dis

some newspaper or newspapers in tho dis I
trict, designated by the court, ten days
least before the order therefor is passcd.
and the pendency of any suit at law or il
equity, by or against such third persons
shall not postpone such division and disirI-
button, except so far as the assets may be
necessary to satisfy the same; and all the
proceedings in bankruptcy in each case
shall, if practicable, be finally adjusted, set
tied, and brought to close, by the court.
within two years after the decree declaring
the bankruptcy. And where any creditor
shall not have proved his debt until a divi-
dend or distribution shall have been made
and declared, he shall be entitled to be paid
the same amount, pro rata, out of the re-
naming dividends or distributions thereaf-
ter made, as the other creditors have al
ready received, before the latter shall be en-
titled to any portion thereof.
Sec. IL. And be IL further enacted. Tina
the assignee shall have full authority. BY
and under the order and direction Of The
proper court in bankruptcy, TO redeem and
discharge any mortgage or other pledge, ~
deposte, or lien upon any property, real or
personal, whether payable in PRESENT. or al
future day, and to tender due perform
ance of the conditions thereof. And such
assignee shall! also have authority, by and
under the order and direction of the proper
court in bankruptcy, TO compound any
debts, or other claims or securities. due or
belonging to the estate of the bankrupt:
but NJ such order or direction shall be made
until notice of the application is given in
some public newspaper in the district, to be
designated by the court, ten days a: least be-
fore the hearing, SO that all creditors and
| other persons in interest may appear and
show cause, if any they have, at the hearing.
why the order or direction should not be
passed
Sec. ~. And be ii further enacted, That
# any pcrs m who shoi have been dscharg-
ed under this act shall afterward become
bankrupt, he shall not again be entitled to
discharge under this act, unless his estate
shall produce (aller all charges) sufIi: icn
to pay every creditor scvcnty-6yc per cent
on the am lunt of the debt which shall have
been allowed TO each creditor.
Sec. 10. And be ii furtbtr cnqcicd. That
| the proceedings in all cases IN bankruptcy
snail be deemed matters of record; but the
same shall not be required to be recorded
at large, but shall be carefully filed, kept,
and numbered in the office of the court,
and docket only, or a short memorandum
thereof, with the numbers. kept in book
by the clerk of the court; and the clerk OF
the court, for aflixing his name and the sea-
of the court to any form. or certifying a
copy thereof, when required thereto, shall
be entitled t. receive, as compensation, the
sum Of twenty-five cents, and no more
And no officer Of the court, or commissions
er, shall be allowed by the court more than
one dollar for taking the proof of any debt
or other claim of any creditor or other per-
son against the estate of the bankrupt: but
he may be allowed, in addition, his actual
travel expenses for that purpose.
Sec. II. And be 1t further enacted, That
where two or more persons, who are part
ners in trade, become insolvent, an order
may be made in the manner provided in
this act either on the petition of such part
ncrs, or any one of them, or on the petition
Of any creditor of the partners; upon which
order all the joint stock and property of the
company, and also.all the separate estate OF
each of the partners, shall be taken, except
ing such parts thereofas are herein excep-
ted; and all the creditors of the company.
and the separate creditors of each partner,
shall be allowed to prove their respective
debts; and the assignees shall also keep sep
arale accounts of the joint stock or property
of the company, and of the separate estate
of each member thereof; and after deduct
ing out of the whole amount received by
such assignees, the whole Of the expenses
and disbursements paid by them, the nett
proceeds of the joint stock shall be appro-
prlatcd to pay the creditors of the company,
and the nett proceeds of the separate estate
OF each partner shall be appropriated to pay
his separate creditors; and if there shall be
any balance of the separate estate of any
partner, after the payment of his separate
debts, such balance shall be added to the
J3Int stock, tor the payment of the joint
creditors; and if there Shall be any balance
Of the joint stock, after payment of the
joint debts, such balance shall be divided
and appropriated to and among the separate
estates Of the several partners, according to
thelr respective rights and interests therein.
and as II would have been if the partner
ship had been dissolved without any bank.
ruptcy; ana the sum so appropriated TO the
separate estate of each partner shall be APP
Piled to the payment Of his separate debts;
and the certificate Of discharge shall b,
granted or refused to each partner, as the
same would or ought to be if the proceed
Ings had been against HIM alone under this
act; and in all other respects the proceed
ings against partners shall be conducted in
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