Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-02-22
SECTION ".
OF THE DISCHARGE AVN CERTIFI

OF THE DISCHARGE AND CERTIFI-
CATE.
%. Under what circumstances al.
lowed, !.
%. In what time, and on what no
ice allowed -
"a. Right to, may be contested.
IS. Notice to creditors of appIica-
tion for
26. Denied
1. For fraud, or wilfuI condealment
property,
2. For prohibited reference,
3. For emitting or refusing coinpli-
ance with courts order,
4. Or other requisites Of the law,
s. For admitting false or fictitious
debt,
6. For .n'Othaying kept propefbooks
of.account,
4 For applying trust fundsto own
use.
q. Not to release securities &c.
IS. Bankrupt examinable touching
bankruptcy, and how.
&c. Perjury to- swear falsely. in an
swers.
80. Discharge and certificate extin-
guish debts &c.
31.Denied, may haveiury trial.
80. Or, may appeal to Circuit
Court.
3d.. Which shall be tried first.
81. BY the court or a jury.
IS. Creditors may object TO decree
Of discharge.
Sc. But discharge may be decreed
when. ].
%: 14nd be itfarther enacted, That
every bankrupt who shall bona fde
surrender all his property, with the ex-
ceptionbe before mentioned. for the ben
eft of his creditors, and shall comply
with and obey all the orders and d.
rectidns which may from lime to time
be passed by the proper court, and
shall otherwise conform 10 all other
acquisitions of this act, shah (unless a
majority in number and value of his
creditors, who have proved their debts,
shall file their written dissent the; etoJ
be entitled to a full discharge from all
his debts, to be decreed and allowed Ay
the court which has. declared him a
bankrupt,and a certificate. thereof gran
ted to him by such court accordingly,
tupon his petition filed for such pur-
pose;
%. Such discharge and certificate.
not, however, to be granted until after
ninety DAYS from the decree Of bank
ruptcy, nor until after serenity days no.
tice in some public newspaper, desig-
mated by such court to all creditors
who have proved their debts, and 9th
er persons interest, to appear at par
ticular time and place, TO show cause
why such discharge and certificate shall
not be granted;
"a. At which time and place any
such creditors, or other persons in in
terest, may appear and contest the
fright of the bankrupt thereto:
25.Prorided, That in all cases where
the residence ofthe creditor is known,
a service on him personally, or BY let
| ter addressed 10 him at his known usu-
al place of residence, shall be ptescri-
bed by the court, as'in their discretion
shall seem proper, having regard to the
distance at which the. creditor resides
from such court.
&c. And ifany such bankrupt shall
be guilty ofauy fraud wilfui conceal
ment Of his property or rights of.prop-
erty, (2)or shall have preferred any O.
his creditors contrary tothe provision.
Of this act, I3]'or shall wilfully omit OF
refuse to comply with any orders OF
directions ofsuch court; E4l or TO con.
form to eny other requisites of this act
~ or shall, in the proceedings under
this act, admit false or fictitious deb
against his estate, he. shall not be. en-
titled to any discharge or certificate
[6]nor shall any person being .mer
chant, banker, factor. broker, under
, writer. or marine insurer, be entitled
to any such discharge or certificate
who shalfbecome bankrupt, and wllt
shalfhavekept proper books of accoan
, after the passing oftbis act; [71nor an,
person who, after the passing ofthi
act, shall apply trust funds 10. his owl
use:l
81 Provided, That no discharge o
any bankrupt under this act shall re
, lease or discharge any person wht
I may be liable for the same debt a.
: a. partner, joint CONTRACTOR, endorssr
] surety, OF. otherwise for or with til
bankrupt.
2 g.. And such bankrupt shall at al
times be subject to examination orally
or upon written interrogatories, in an,
before snch court, or an. commission
t appointed by the court therefor, o.
: oath, or, if conscientiously scrupulon
Of taking an oath. upon bis solemn at
l6rmatior, in all matters relating To- sue
: bankruptcy, rand his acts and doings
+ and hispfoperfy. and rights ofproperiy