The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1842-02-05

full and complete bar ID ell suits brought |
in any court of iudicature whatever, and
the same shall be conclusive, evidence
of itself in favor of such bankrupt, un-
less the same shall be impeached for
some fraud or wilful concealment by him
Of his property, or right of property, as
aforesaid, contrary to the provisions OF
this act, on prior reasonable notice spe-
cifylng in writing such fraud or con-
cealment; and if, in case OF bankruptcy,
a majority. in number and value, of the
creditors. who shall have proved their
debts at the time Of hearing of the pc
tition of the bankrupt for discharge as
hereinbefore provided, shall at such
hearing file their written dissent to the
allowance of discharge and certificate
10 such bankrupt, or if, upon such hear
ing, discharge shall not be decreed to
him, the bankrupt may demand a trial by
Jury upon proper issue to be directed
by the court, at such time and 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 time
Of the circuit court after it be taken, I'M
less, for sufficient reason, a continuance
be granted; and it may be heard and
determined by said court summarily, or
by jury, at the option Of a bankrupt
and the creditors may appear and object
against a decree Of discharge and the al
Iowance Of the certificate, as hereinbe-
fore provided. And if upon full hear
ing of the parties, it shall appear to the
satisfaction of the court, or the Jury
shall find, that the bankrupt has made a
full disclosure and surrender OF all his
estate, as by this act required, and has
in all things conformed TO the directions
thereof, the court shall make decree OF
discharge, and granta certificate as pro-
vided in this act.
Sec. 8. And be IL further enacted,
That all creditors coming in and prov
ing their debts under such bankruptcy in
the manner hereinafter prescribed, the
same being bona fde debts, shall be emit
tied to share in the bankrupt's property
and effects pro rata, without any prior.
iy or preference whatsoever, except on
~ for debts due by such bankrupt
to the United States, and for all such
debts due y HIM to persons who, by the
laws Of the United States, have prefer
ence, in consequence of having paid mo
neys as his sureties, which shall first IL
paid out of The assets; and any person
who shall have performed any labor a
an operative in the service OF any bank
rupt shall be entitled to receive the full
amount of wages due him for such la
Dor, not exceeding twenty five dollar
Provided, That such labor shall hav
been performed by hin six months next be
fore the bankruptcy ofhis employer; an
all creditors whose debts are not due an
payable until future day, all annuitie;
holders Of bottomry and respondent
bond, holders oil policies of insurance.
Sureties, endorsers, bail or other person:
having uncertain or contingent demand
against such bankrupt, shall be permi
ted to come in and prove such debts c
3 Alright, when1heir debts and claims b.
come absolute, to have the same above
them; and such annuitants and holder
of debts payable in future may have til
present value thereof ascertained, al
der the direction of said court, and a
lowed them, accordingly, as debs in pr
senti, and no creditor or other perso
coming in and proving his debt or otht
claim, shall be allowed to maintgin an
suit at law or in equity therefor, b
shall be deemed thereby to have waive
all right of action and suit against sue
bankrupt; and in all cases where the
are mutual debts or mutual credits b
tween the parties, the balance only sha
be deemed the true debt O. claim betwet
them, and the residue shall be deems
adJudged by the set.off; all such pro
OF debts shall be made before the cou
decreelng the bankruptcy, or belo
some commissioner appointed by l
court Tor that purpose; but such cot
snail have full power to set aside a
dlsallow any debt, upon proof that su
debt is founded in fraud, imposition, il
galllty or mistake; and corporations
whom any debts are due may make PR
thereof by their president, cashier, TIRE
surer or other officer, who may be 81
c'ally appointed for that purpose; and
appointing commissioners to recei
proof of debts, and perform other {
ues under the provisions Of this act,
SAID court shall appoint such persons
nave their residences in the county
which the bankrupt lives.
Sec. e. And be ~ further enact