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

my otsinicrcsteu Sinle ludgo OF the Statc ~ which
the deposition - taken; all proof of debts OF other
claims. by crcditors cnhued 10 prove the .ame by
this act. shall be under oath or solemn affirmation
as Aforesaid. before such court or commissioner ap-
pointed thereby. ~ before sumo disinteresied State
judge OF the Stale where the creditors live. IN such
form as may he prescribed by the rIles and rcgu-
latons hereinhefore authorized To be made and e.
iablished Ivy the courts having jurisdiction in bank.
rupicy Bot all such proof of debts aud other claims
shail be oPon 10 condensation iR the proper court hay-
ing jurisdiction over the proceeding, IN The partic-
uiar case m bankruptcy, aud as well fhe aStgance
NJ the creditor or shall have a right N a irisl by
jury. upon an issue 10 be directed by such court. TO
ascertain the validity and amount Of such debts or
other CLAIMS; and the result therein. unless n new
trial shall be granted. lin EJvor OF The claims. shalt
be evidence of the validity and amount Of srchdebss
or other CLAIMS. And n any persons shall falsely
atsd corruptly answer. swear. or affirm. IN any hear
ing ar on trial OF any matter. or In any proceeding
IN such court in Bankruptcy. or before any tommi.
sicncr. he or they shall be deemed guilty OF periury,
and punishable therefor in the n a mr. land to the
extent provided by law for other cases.
Sec. 3. And Be q IA Uer esac,ed, That the cir
cult cuurt within Il for the district where The decree
OF bankruptcy is passed. shall have cincurreni juris-
dicuon with the district court or the same district
Of all suits at law and in equity which may and shall
he brought by any assignee Of the bankrupt against
any person OF persons Ginning Az adverse interest.
or 10y snch person against such assignee, touching a.
my property Or rights Of properly of said bankrupl
Transferable To, or vested m. such assignee; and TO
suit At law or IN equity. sh II. in any case. be main
iaIlable by or against such assignee, or by or A.
gninsi any persnn claiming an adverse interest. touch.
ing the property and rights ofprOperty aforesaid. in
any court whatsoeyer, unless the same shall be brui'
within two years after the declaration and decree
OF bankruptcy, or after In. cause ofsuitsha!l have &C
cTued.
Sec. 9. And b. Il further enacted. That all sales.
transfers. and other convcyances Of the assignee, Of
the bankrupts property and rights of properly. shall
he made al such times and ia such manner as shall
be OTlered and appointed by The court in bank.
rupicy; AMI all assets received by the assignee in
money, shall. within SIXTY days afterwards, be paid
into the court. subject Ia It's order respecting ITS fu.
ture saie-keePing and dis position; aRd the court may
require Of such assigRee a bond. with n least two
s%ure'ies, IA such sum Us it may deem proper. con-
diiioned for the due and faithful discharge Of all his
duties. aud his compliance with the orders and Dr.
rections OF the court. which bond shall be taken
IN The name of the United States, and shall il there
be any breach thereof. be sued and sneable. under
the order Of such Court. for the benefit Of The credi.
tors and other persons. in interest.
Sec. 10. Aud Be Il further enacted. That in orler
to ensure a speedy settlement and close Of the pro-
~ceedings IN each case IN bankruptcy, II shall he tho
duty oiibe eOnrt Ia order and direct a collection oi
the assets. and a reduction Of the same TO m ney
and a distribution thereof at as early periods a.
practicable consistently with adue regard To the inter
cs's OF the creditors. und n diyiJeLd and distribu
ton Of such assets as shall be collected and reduc
ed To money, or 81 much thereof as can be saiel,
80 disposed of, consistently with the rights and in
icresis Of third persons having adverse claims there
to. shall he made among lhe creditors who have
proved their debis, rs often ~ once in sI months
from The time OF the decree declaring The binkrupi.
cy; notice Ofsnch div idends and distribution 10 10,
gwen IN some newspaper or newspapers in the dis
trtct. upStwultoI bv The cnttrt- len I,V. NJ Lat -,
lore the order therefor is PASSED: and The pendency
OF any suit at law or ia equity. by or sgainsi such
third persons. snail not postpone such division nnd
disiubuiinn, except 80 far as the usSeis NAV be Ire.
cesstJ To satisfy the same; aud all the proceedings
IN Bankruptcy m each case shall, &c Practicable. bc
finally adjusted, settled. and brought To a close nv
the court, within two years after the decree declar.
ing The bankruptcy. And where sny-crediior shall
not have proved hs debt until a dividend or dis
irIb iiinn shall have been made and declared. he
shall he entitled 10 be paid the same amount. pu
rata, on Of the rem lining dividend, or distribution,
thereafter made, "a the other creditors have already
received. before tie latter shall be entitled to any
portion thereof
Sec. III. AID he a. further eHdrirf, That the as
Signce shall have :u!l authority. nv and under tie
ur!cr and dIr"cIinn of the pruIer court ia bankrupt.
g. @" redeem and discharge any morigic ur ulher
pledge. or dcpusiie. or lien uiOn any properly. reaI
or personal, whether payable ia present. or at a ia.
- I . 49, - AANN - hhN ~ VI lf
conditions IhereoC. And such assignee shall ala,
have authority, 10y md under Ihe order and direc
lion Of The proper court in bankruptcy. to compuun,
any debts, or other claims or securities. due or be
l'nging Ia The csIaie Of the bankrupt: bul no sucl
oder or direction shell be made until notice of IA,
application is given in some public ne wspaper il
tho district. 10 he designated by The court. ten day
al least before the heaTiRg. 30 that all crediiurs an,
other persons IN interests may appear and show
cause, II any they have. ni the hearing, why the OF
der or direction should mol be passed.
Sec. -. And Be IL JurLI,r enacted. That If an,
person VIII shall have been discharged under hi
oct shall sflerward become bankrupt, he shall no
r again be entitled 10 a discharge under this net. nm
less his estate shall produce (afier all charges sufi
r cienr to pay every creditor seventy five per cent Of
{ The amount Of The debt which shall have been al
J lowed To each creditor.
Sec 10. And Be Il further enacted. That The pro
~ceedIngs IN all cases in bankruptcy shall be deemed
matters Of record; but The same shall not be ,eouir
ed TO lie recorded a: large, but shall be carefull
filed. kept. and numbered in The Office Of The court
: and a docket only, or short memorandum thereof
with the numbers. kept in n book by the clerk o
the court. for %nfiIing his name and the seal Of III,
court 90 any form. or certifying a copy thereof
= when required thereto. shall be entitled to receive
{ as compensation, the sum Of twenty. five cents, an,
: no more. Aud no officer Of The eouu. or commls
: sioner, shall be allowed by The court more than on
= doliaS for taking The proof Of any debt or other CLAIM
! Of any creditor or other person against The es tate O
= the bankrupt; but lac may be allowed. in addition
" his actual travelling expenses for that purpose.
Sec. IA. And be IL farther enacted. That where
: two or more persons, who are partners in trade, be
: come insoiyent. an order may be made in the man
= ner provided ~ this act. either on the ~Iseiition a
: such partners, or any one Of Them or on The petition
ct any creditor OF The partners; upon which orde
all the joint stock and properly Of The company. an,
. nlsD all the aepanie estate of eacb nj The nortne-s
shall be taken. excepting such parts thereof as ar
: herein excepted; and all the creditors Of IN
company and The separate creditors OF each partner
= shall be allowed 10 prove their respective debt,
: and the nssignees shall also keep separate account
OF the joini stock or properly Of the company, an
" Of The separate estate OF each member thereof; ana
after deduciing out Of The whole amount receive,
u by such n%ssignees, The whole of The expenses an
disbursements paid by them. The nett proceeds q
y the joint stock shall he appropriated 10 pay IN
creditors Of the coml any, and the nett proceeds q
the sepsraie estate Of each partner shall be appr,
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