Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1842-03-03

d,
and circumstances of the Bankrupt) and also
the wearing apparel of: he bankrupt and his fami-
y shall be excepted and retained by the bank-
rupt.
by section Q it is provided that all future pay
ments or arrangements made bya bankrupt in
contemplation Of bankruptcy, and for the purpose
Of giving any ofhs creditors the preference, and
all other payments arrangements by bank
rnpt in contemplation orbanhrupicy 10 any per-
son not bona fde purchaser, for valuable con-
sderation, without notice, shall be deemed utter
" void, and the assignee be entitled 10 recover
the same as part olthe assets Of the bankruptcy.
But this is not intended 10 invalidate bona fde
dealings with the bankrupt done more than two
months before the petition filled by or against
him, if the other party 10 them had no notice Of
any intended act of bankruptcy, or Of his inten-
ton to take the benefit Of this act.
III. THE discharge.
l When Bankrupt is and when not entitled
to discharge.
by section 4, liz Bankrupt shall bona fde sur
render all his property and right OF property
Chose excepted as in section 81 for the benefit of
his creditors, and shall fuly comply with this act
and obey all the orders and directions, which may
from time 10 time be made by the proper Court,
he shall be entitled to decree of full discharge
from all his debts
But-aot, ia minority in number and value of
his creditors who have proved their debts shall
file their dissent thereto.
Motif he shall be guilty ofany fraud or will
full concealment of his property or rights of prop
erty.
Mott he has, in contemplation of bankruptcy
for the purpose ofgiving creditor or other per-
son, preference or priority, arranged any Of his
debts by payment or otherwise.
Motif being a voluntary Bankrupt he has
since ls January last, or at any other time, in
contemplation of the passage o a Bankrupt law,
by assignment or otherwise, preferred one cred
itor over another, unless maiorityin interest, Of
his unprefcrrcd creditors assent.-See Sect. 2.
Mott he shall wilully omit or refuse to com
ply with any order OF the Court, or conform to any
other requisite of this act
Mott he shall admit false or fictitious debt
against his estate.
Not-ifheng merchant, &c he shall become
Bankrupt and shall not have kept proper books
of account after the passage of this act
Motif after the passage of this act he shall
have applied trust.funds to his own use
Motif before discharged, unless his estate
produce after all charges paid, - percent. on the
debts allowed (Sec. l2)
2 How is this discharge TO be obtained
]. The Bankrupt must file petition for that
purpose.
2 Ninety days from the date of the decree OF
Bankruptcy must expire before the Court can
decree discharge.
He must give 20 days notice in n newspa-
paper, to be designated by the Court, to all cred
TORS proving their debts and other persons inter-
esjed, 10 appear at a certain time and place ia
show cause why such discharge and certificate
thereof shall not be granted-and
4 Personal notice or by letter as the Court
shall decree, to all creditors whose residence i.
knowu. (Sec. A.
On the day notified, the Bankrupt and his
creditors shall have hearing, and the reasons for
and against bis discharge shall DO canvassed-
Then, and at all other times, before the Court or
the Courts commissioners the Bankrupt shall
be subject to examination orally, or on written
interrogotores, ON oath or affirmation in all mat
tiers relating to bis Bankruptcy, his acts and
doings aud his property and rights of property
under the supervision of the Court. (See, ~
3. The RIGHTS Of the Bankrupt if at first pre-
vented from obtaining his discharge.
/. by sec. ~ II at the hearing majority in
number and value of the creditors proving then
debts, file their written dissent 10 the allowance
Of The discharge and certiicale-or
.. the Court under the circumstances shall
refuse a discharge, The Bankrupt may demand
trial by Jnry upon proper ISSUE to be directed
by the Court or further,
3. Ia he latter case, lie may appeal from the
decision OF the Court, within Ten days, to the
Circuit Court Of tbe United States, 10 be held lol
that District; submitting his case TO the Court
alone Jury as he chooses, and,
Iflhe Court shalIbe satisfied, or Jury shall
find that he has made fall disclosure and sur.
render OF all his estate, and has in all things con
formed 10 the directions ofhrs act, The Cont sha
make decree Of discharge and granta certificate
thereof.
Moreover if on his examination, the Bankrup
swear falsely. he shall be guilty Of and punisha
bic for perjury as punished by the T. S, laws.