Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-02-22

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ded as ia full and compile bar to all suits
brought Id any court ofudicature what
ever, and the same hall be conclu-
siVe: evidence of itselfn favor of such
bankrupt, unless the SINE shall be inn
peached for some fraud or wiIl1l con-
tealmsnt by him of lis property, or
rights Of property. as aforesaid; con-
trary to the provisions of this act, on
prior reasonable notics specifying in
wiring slcA fraud. or concealment.
I 81: Aud if, in any case of bank
ruptcy a. majority, innnmber and val
ue. of the creditors, who shall have
proved their debts at the ,tiine Of the
hearing of the petition Of the bankrupt
for discharge as herein before pfovi-
ded, shall at such hearing file their
of written dissent TO the allowance
a discharge and certificate to such
bankrupt, oE If upon hearing.a dischar-
sc shall not be decretd to hin, the bank
rnpt may demand trial by jury upon
a proper issue to be directed by the
court, at such time and place and in
such manner asthe court may order.
30. Or ne may appeal from that de-
cision, lat any time within ten DAYS there
after, to the circuit court next TO- be
held for the same district. sby simply
entering in the district court, or with
tire clerk thereof, upon record, his
prayer for an appeal.
80. The appeal shall be tried at the
first term Of the circuit court after it be
taken, unless, for sufficient reason, .
continuance be granted,
81. And it may be heard and deter
mined by said court summary or by
jury, st the option of a bankrupt;
IS. And the creditors may appear
and object against q deoree.of discharge
and the allowance ofahe certificate; as
hereinbefore provided.
| sc. And If upon full hearing Of
the parties. it shall appear to the salts
faction of the court, or the jury shall
and; that the bankrupt has made foil
disclosure and Surrender of all his es-
tate, as this act required, and has in
all things conformed to the directions
thereof, the court shall make decree
Of discharge and grant certificate, as
provided in this act. II
>-.-- SECTION Y.
Or PRovINo- DEBrs. See 61.
81. Proving creditors to share el-
fects pro rata, without priority or
preference, except
I. In favor of the United States,
.. And certain sureties.
3. And operatives not exceeding
$25 for labor performed within six
months.
80. Debts not due, uncertain, and
contingent, may be proved.
80. Present value there ofascertain-
ed and allowed IN present..
40. Proving creditor valves right d
action, sc.
Al. surrenders pending
suits and judgments
AZ. Balance of mutual demands !.
the debt.
43. Debts to be proved before
court. or commissioners.
| A. Court may;disallow what debts
45. Corporations how 10 prove
debts.
Commissioner 10 receive proof,Tesi
dence of.
| 81. IN be At further endetcd. Tia
all creditors coming in and proving
their debts under snch bankruptcy, il
the manner hereinafter prescribed, tn
the same being bona fde debts, shal
be entitled to share inthe bankrupt
property and effects, pro rata. without
/ any priority or preference whatsoeve
| (nexcept only for debts due by sue
bankrupt 10 the United States, (2)an
for all debts. due by him TO persons VIII
by the laws of the United States, haV
a preference, in consequence of hagin
paid money as his sureties which sha
be. first paid out of the assets;s( Jan
any person who shall have pertorme
Eany labor as an operative in The servic
of any bankrupt shall be entitled 10 re
ceive the full amount Of the wages du
} to him for such labor, not exeeedin
twenty-five dollars: PgoUided, TIL
such labor shall have been .performe
within six months next before the banl
J ruptcy Of his employer.
50. And all creditors whose deb
are not due and payable until a futul
: day, all annuitants,i holders of bottom
; ~. and respondentia bonds, holders
Epolicies assurances, sureties, end0
J sers, bail, or other persons, having ul
certain or contingent demands again
such fbankrupt, shah be permitted |
come in and prove such debts /
claims under this act, and shall have
! right, when their debts and claims b,
come absolute, to have the Same a
lowed them.
80. And such annuitants and no
ders of debts payable in future haze Il
] present value thereof ascertained, III
/, der the direction Of such court. and a
i lowed them accordingly,as debts