Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1842-02-15

admit a false os fictitious debt agsinsl IA. estate. he
shall not be entitled to any such discharge or cert.
heaie' noe shall any person. being a merchant. bank.
er. hcior. broker. UNDERWATER. ormarne insurer, be
entitled 10 any such discharge ~ certificate. who
shall become bankrupt. aud who shall not have kept
proper books Of account after the passing of this act;
nor any person who. after the passing OF This act.
shall apply trust funds TO his own use Preceded,
That M discharge Of any bankrupt under this act
shall release or discharge any person who may be
liable for the same debt rs a partner. joint cunlrac.
tor, endorser surety, or otherwise. for or with the
bankrupt. And such bankrupt shall al al times he
subject W elimination. orally, OF upon written inter-
rogaiories. in and before such court. or any commits.
soner appointed by the court therefor. on oath. OF, 4
cOnscientIously scrupuious Of taking an oath. upon
his solemn affirmation. in all matters relating 10 such
bankruptcy. and his acts and doiugs. ard his property
anu rights OF property. which. IN The Judgment OF
such court. are necessary and proper for the pur-
poses OF justice. ind ~ in any such examination
he shall wiliuily and c~orruptly answer. or swear OF
affirm falsely he shall he deemed guilty Of perjury,
and shall be punishable therefor in like manner as
The CRIME OF perjury Is now punishable by the laws
Of the United States; and such discharge and ceriG-
cate, when daily granted. shall. in ali courts or ius.
tee he deemed a full and coinplete discharge of
all debts. contracts. and other engagements OF such
bankrupt. which are proveable under thu. act. and
shall be and may be pleaded as a full and complete
bar To all suits brought in any court Of iudicntnre
whatever. aud the same shall be conclusive evidence
Of itself IN favor OF such bankrupt. unless the same
, shall he impeached for SONS fraud or wilful con.
ceaiment Ivy HIM Of his property. or rights Of pro-
perry, as aforesaid, contrary 10 The provisions of this
act. on prior reasonable notice specifying in writing
? such fraud or concealmeni: aud IT, IN any cuse of
r bankruptcy, a majority. in number and value. Of the
: creditors. who shall have moved their debts nj the
lime OF hearing Of the petition OF the bankrupt for
a discharge as hereinafter provided. shall nj such
5 hearing Gle their written dissent TO the allowance
ni a discharge and Certificate 10 such bankrupt. or
h. upon such hearing a discharge shall moi be de-
Z creed to him. the bankrupt may demand q trial
& by jury upon a proper issue To be directed by the
= court At such time and place and in such manner as
2 the court may order or he may appeal from that de-
2 cision. ai any time within ten days thereafter TO the
Z 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 term. Of the
q circuit court after IL be taken, unless, for sufficient
reason. a continuance be granted; end il may he
. heard and determined by said court summ1uly, or
: by n Jury,a the option Of a bankrupt; and The credi-
e tors may appear and object against n decree Of dis.
charge a vi the allowance OF the certificate, as here
y inbefore provided. And il. UPON a full hearing Of
Y the parties, IL shall appear 10 the satisfaction OF the
J. court, or the Jury shall find. that the bankrupt
has made n full disclosure and surrender OF all his
estate, as by This act required. and has in all thing,
e ~cunformed 10 the directions thereof. The court shall
make q decree Of discharge. and grant q certificate
y Gs provided in this act.
SEC. >. AMI be a. further enacted. That all cred.
= itors coming in aud proving their debts under such
bankruptcy, IN the manner hereinafter prescribed.
y the same being bona fde detIs. shall be entitled To-
{ share in the hankrupt'sp property and effects, pro rata
without any priority ar preference whatsoever, eI-
y cept only Tor debts due Wy such bankrupt to the L.
nted States and for all debls due Ivy him To persons
who, by the laws Of the United States, have n pref
erence. IN consequence ofhnying paid moneys rs
hns sureties. which shall have performed any labor
ASIAN operative in the service Of any bankrupt shall
be entitled to receive the foil amount ofihe wages
. due 10 hun for such labor. not exceeding twenty.
five dollars: PrOUiisi, That such lalnr shall have
been performed within siH IN iuihs next before the
4 bankruptcy OF his employer; and all credIIJrS whnsc
D debs are not duck payable until n future day,nll an
nuIian's, hollers Of hltlumry aud respondcntia binds
holders Of policies, end0rsers hail. or other persons.
ha ing uncertain or contingent demands against
such bankrupt; shall be permitted TO come in and
prove such debts or claims under This act. and shall
have a right, whea their debts and CLANS become
III absolute, 10 have the same allowed them; and such
, annuiianis aud holders of debts payable ia future
may have the present value lhnreuf asccriained un-
der the direction Of such couu Il above d them &C.
r i cOrdDg Y. n debts IA present.; AID To credit g or o.
e her person, coming IN an proving hs debt ur other
1 claim. shall Le allow cd TO maintain any SIii al Law
or IN equity therefore. bat shall be deemed thereby
p to have waived all right df action and sui; against
2 such bankrupt; AMI all proceedings already commen.
- feus dIu ull illSalisileu JuGHmeills aircauy UDliliicu
= thereon shall be deemed 10 be surrendered thereby
and in all cases where there are mutual credits he
4 tween the parties, the balance only shall be deem
ed The true debt or claim between them, and the
: residue shall be deemed adjusted by the seiof; all
such proof ofdhbIs shall be made beiore The court.
E decFeeing ths bankruptcy. or before commissioners
appointed by the ceuu for that purpose; but such
court shall have full power 10 set aside and disal-
o loS any debt. upon ~prooflhaI such debt is founded
4 ~ fraud. imposition, illegally, or mistake; and cor
poIaIions To whom any debts are due may make
proof thereof by their president. cashier. treasurer.
or other officer. who may be specially appointed for
y ihaf purpose; and m appointing commissioners 10 re-
ceiye PrOofOf debts and perform other dulles, under
IS the provisions OF ihis act. the said court shall appoint
n such persons Us have their residence in the county
IN which the bankrupt lives.
Sec 6. And be a. far ther enacted, That The district
d court in every district shall have jurisdiction in all
d matters and proceedings in bankruptcy arising under
10 this act and any other act which may hereafter be
e passed on the subject Of bankruptcy; the said juris-
diction TO be exercised ummaniy, in the nature
OF summary proceedings in equity; and for this pur-
pose The said district court shall bo deemed always
d; open. And the district Judge may adjourn nny
n question arising m any case in bankruptcy into the
d circuit cOurt Of such district shall eItead all 10 case
and coniroverssie inbankTupiey arising between the
bankrupt and any creditor or creditors who shall
% claim any debt OF demand and the bankruptcy; 20 oil
cases aud controversies between such creditor OF
cIeuho'a ahu the assigned OF The esiate, whether ln
oiice or removed; 20 all cases and controversies be.
tween such assignee and Ia g bankrupt. and 10 all acts
matters. and things 10 be done under and in virtue
ofihe bankruptcy, until The final distribution and
settlement OF the estate Of The bankrupt and the
close of The proceedings in bankruptcy. And the
said courts shall have full auIhurily and jurislic-
ton 10 compel obedience 10 all orders anu DEGREES
passed by Them in bankruptcy, by process Of con.
d tempt and other remedial process. To the same en-
d tent the circnit courts may now do in any suit pen.
didg therein ~iniequiiy And Il shall by the 6uiy OF
the district conr, in each district, from time TO time,
TO prescribe suitable rules and regulations and forms
y proceedings IN allmltiers ofbankrupicy which rules
regulations, and forms shall be subject 10 be aller
70 ed, added 10 reyishd. or annulled, by the Circuit
h court u The sane district. and other rules, md reg.
y ulniions. ond forms substituted therefor; md in al
u such rules. regulations. and firms IL shall be the du.
IS " the said COURT Ie make Them ms simple md briel
d rs practicable. 10 the end 20 avoid al unnecessary