Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-02-09

ed full aud complete discharge OF oil debts, con.
tracts, and other engagements Ct such bankrupt.
which provsable under this aei, and shall be and
may lie pleaded full and complete bar TO all
suits brought in any court of judcaiure whatever,
ard the shall be conclusive evidence Of itself
in favor OF such bankrupt, unless the shall be
mpeaehed for some fraud or wilfui concealment by
hm OF his property rights Of property as aforc-
reasonable notice specifying in writing such fraud
or coneealmoni; and IT, in ray case Of bankruptcy,
a malofity, IN number ard value, OF the creditors.
who sEan have proved their debts at the time Of
hearing OF the petition of the bankrupt for a dis
charge as herenbe'ore provided shall at such hear
ing ME their written dissent to the allowance OF a
discharge and certificate to such bankrupt, or IL,
upon such hearing, discharge shall not be deersed
to him, the bankrupt may demand n trial by jury
upon proper issue be directed by the court, at
such time and place and in such the court
may order; or he may appeal from that decision, at
any time within ten days thereafter, TO the circuit
court next 10 be held for the same district, 10y sim
ply entering in the district court, with the clerk
thereof. upon record his prayer for appeal. The
appeal shall be tried ut the FIRST of the circuit
cour, after be taken, unless, for sufficient reason
continuance be granted; and II may be heard and
determined by said court summarily, or by Jury,
ut the option oil bankrupt; and the creditors may
appear and object against decree OF discharge and
the allowance OF the Certificate hcreinSefore pro-
vded. And If upon full hearing of the parties,
shalt appear 10 the satisfaction OF the court, or the
Jury shall hnd, that tho bankrupt has made full
disclosure and surrender Of all his estate by this
act required and has in oil things eonormed 10 the
directions thereof the court shall make decree OF
discharge, and grant certificate, provided in this
act.
Sec S. .7nd be IL further enacted That all cred-
tors coming IN and proving their debts under such
bankruptcy, IN the manner hereinafter prescribed
the same being bona fde debts shall be entitled 10
share IN the bankrupts property and effects. pro
rata without any priority preference what soever
except only for debts due by such bankrupt TO the
United States, and for all debts due by him to per-
sons who, by ;he laws of the United States, have
preference IN consequences Of having paid moneys
as has sureIies, which shall be first paid out of the
assets; aud any person who shall have performei
any labor rs an operative in the service of anv
bankrupt shall be entitled TO receive the full amour,
OF the wages due TO MIN for such labor, not exceed
ing twenty-five dollars, provided that such labo,
shall have b:en performed within six months mel
before the bankruptcy of his employer; and ali
creditors whose debts not due and payable uni,
future Gay, all onnuitnnts, holders OF boitomry
and respondentia bonds holders of policies of in
surances suretes, endorsers, ball. or Other persons
havins uncertain or contingent demands against
such bankrupt, shall be permitted 10 come in and
prove sueh debts or claims under this act, and shall
nave right, when their debts and claims becon,,
absolute, TO have the same allowed them: and such
annultants add holders OF debts payable i'm future
may have the present value thereof ascertained
under the direction of such court and allowed them
accordingly, debts in presents and no creditor Of
claim, shall be allowed to maintain any suit al
law, or IN equity therefor, but shall be deemed
thereby 10 have waived all right Of action and sui
against such bankrupt, and all proceedings already
commenced, aud oil unsa,ished judgments already
obtained thereon shall be deemed TO be surrendered
thereby; and in all cases where there are mutual
debts or mutual credits between the parties. the ba
ance only shall be deemed the true debt or claim
between them, and the residue shall be deemed ad
Justed by the set-o; all such proof Of debts shall
be made before the court decreeing The bankruptcy
or before some commissioner appointed by the court
Tor that purpose; but such court shall have full
power TO set aside and dsaow any debt upon
proof that such debt is founded 10 fraud imnostion
lucgality, or mistake; and corporutions 10 whom,
any DEBTS are due may make proof thereof by their
president, cashier, treasurer, or other officer who
may De specially appointed for that purpose; and in
appointing commissioners 10 receive proof OF debts
and perform other duties, under the provisions of
this act, the said court shall appoint such person.
as have their residence in the county in which the
bankrupt lives.
Sec. 6. .7nd be il further enacted. Tha, the die.
uict court ~ every district shall have Jurisdiction in
all matters and proceedings in bankruptcy arising
unuer THIS act ard any other act which NAV hereaf
ter be passed on the subec. of bankrun,cv. The
sald jurisdiction 20 be exercised summariy IN the
a.ure OF summary proceedings IN equity; and for
this purpose the said district court shall be deemed
always open. And the district Judge NAV adiourn
any point or question arising in any case in hank
tuptcy INTO the circuit court for the district in his
discretion, 10 be there heard and determined, and
Tor TINS purpose the circuit court OF such district
shall also be deemed always open. And the iuris
dicton hereby conferred on the district court shall
extend TO all cases and controversies in bankrup,cv
arising between The bankrupt and any creditor or
creditors who shall claim any debt or demand nm
der the bankruptcy; 70 al, cases and controverse.
between such creditor creditors and the assignee
OF the estate, whether IN office or removed: 10 nII
cases and controversies between such assignee and
he bankrupt, and to all acts matters, and things to
done nd in ~
until the final distribution and settlement of the e.
Kate OF the bankrupt and the close Of the proce.d
lngs IN bankruptcy. And the said courts shall bsv.
iu' authority and jurisdiction TO compel obedience
10 all orders and DEGREES passed by them inibapk-
ruptcy, by process Of contempt and other remedial
process, to the same extent the circuit courts NAV
now 90 IN any suit pending therein in equity And
IL snail be the duty OF the district court in each dis
t'' from lime 10 time, to prescribe suitable rules
ana regulations and forms of proceedings IN all
matters OF bankruptcy; which rules, regulation.
ana forms shall he subject TO be altered added n
revised or annuej, by the circuit court OF the
uisFlct, and other rules and regulations and forms
substituted therefor; anG in all such rules reoIa
tions, and forms il shall be the duty Of the sid
courts to make them sim pie and brief as prsctca
bic, TO the end to avoid all.unnecessarv exnensss
and to facilitate the thereof by the public At
large. And the SAID courts shall, from time to time
prescribe tariff or table Of fees and charges TO De
taxed by the officers of the court or other persons
ior services under this net, any other on the sub
ject OF bankruptcy; which fees shall be as low AZ
practicable, with reference TO the nature and chs
racter OF such services
Sec Z. And DC il further enacted, That all pe,i
TONS oy any bankrupt for the benefit Of this act and
all peuuons by creditor against any Bankrupt IN.
der this act and all the proceedings in the case To The
close thereo shall be had in the district court within
ana or the district IN which the person supposed to
&c bankrupt shall reside or have his place OF bu
slness OF the time when such petition is filed ercen,
where o'her"ise provided in this act. And upon
every such petition, notice thereof shall be published
IN one or more public newspapers printed in such
district to be designated by such court at least 90
Gays before the hearing thereof; and IN persons in
terested may appear at the time and place where
inc hearing is thus TO be had and show cause fanv
they have, why the prayer Of the said petitioner
should not be granted; all evidence by witnesses
TO be used IN all hearings before such court shall he
under oath, or solemn affirmation, when the na,,y
Is consc'entousy scrupulous of taking an oath and
may DC oral or by deposition, taken before surb
CouIi, OF before any commissioner appointed bv
such court or before any dsintcresici State iudoe NJ
tNe 2late IN which the deposition is taken: and oII
PIool OF GEMS or other claims by creditors entitled IN
prove the same by this act shall he undc, - W
solemn affirmation as aforesaid before st,cb 80, -
commissioner appointed thereby, or before some die.
interested state judge ofthe State where the c,cJ;
tors i've IN such form as may DC prescribed hv IN.
Tuies ana regulations hereinbefore authorized q, -
fnoue ana established by the courts havin, i,,;,d;
ION IN bankruptcy. But all such proof, Of d,b,.
ana other claims shall be open % contestntion in tbe
proper court having jurisdiction over the proceed
lngs lnlhc particular case Of bankruptcy; and ne
wei the sss gnee as the creditor shall have ri,b,
70 tflal Dy jury, upon an ISSUE TO be directed bv
sucn coGr', T. ascertain the validity and amount OF