Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-02-14
Doncettr tnteltiNfMre.
TllE. RANkRI Pr INV

The pcople are mutually humane and p,litic the great
DANGER arises from the lagsnt Inisrcpr, senlaon vi"
which the land IL flooded nspocting the nature aud pro
visions Of the Bankrupt Law More than half the PEG
plo hay. been made believe, defiance u the plain
PROVISIONS Of the Ia ITSELF that does not grant rei,'
10 those uho o,ce less than 81 Goo The law expressly
says that aug nsoyent debtors may avail himself Of lis
PROVISIONS but be made bankrupt by others
who does moi owe s. 100 This is To prevent frivolous
and ycxstious proceedings against poor men, who are
Temporarily embarrassed The other cavs at the details
Of tho Law of piece with this. Dues any man serl-
ousy believe tina, such men as Webster and Clay. and
Tallmadpe aud Berren, and Henderson, with the Bank
rup, Law Of all other nations before them do not know
how To draw and mature bin But with regard the
practical working measure early and sleadiast advo
cate who is familiar with the whole subject. has favored
Us with the following eAplara,ion.- New iorA III
bunc.
TIE BANKRUPT LAW PRACTICE
The Judges will have all The forms and rules prepared
in few days carry into effect this Use and salntary
law. They satisfied there will be no difficulty III
carrying IT into fleet and necessity Tor any
mendmcnts until experience shall have demonstrated
them.
The mode Of proceeding will be exceedingly sim
pie
LIST The bankrup, will present, through his counsel
his confession n Dakruptcy IN the form OF petition
which will state-he name Of each creditors residence
and schedule OF the debtors property. To this will be
annexed the tankrups affidavit that this statement Is
true
Ills counsel will thecupon ask the Court to enter The
bankrupts confession OF bankruptcy decree upon the
records Of the Courts This is ud gmcnt by confession
and all tho bankrupts property Immediately passes, by
tins decree, into the hands of such assignee the Count
may appoint for that purpose.
I'd The next step III the proceedings IL Tor the Court
to fix day for the creditors and bankrupts 10 appear be
fore some commissioner, to be Laned by the Court 10
examine the bankrupt, Sc An Order therefore will be
auI tl,. ba in
papers and prntedor crtten letter 10 be sent TO each
Of the creditors, notifying them when and where To ap
pcar--which notice must be sent and published seventy
days before the bankrupt examined before the conls
sOnor.
Thus. it will be seen. that there will be no more diff
Guilty in the Court receiving the confession of dgncn
and petition Of thousand bankrupts in day, than
there would be In entering up so many confessions o
Judgment ON other Courts. The proceeding i, one q
mere form
I'd. The Court will appoint as many commissioners
shall be- found necessary take down all the csmo
ny IN ,rrtibg--whch testimony of the bankrupt ano
such witnesses the creditors shall, from time to tint
introduce, will be returned to the Court for examination
and finally, like proceedings in chanccry be placed q
file in the Clerks ofce for examination for all time Il
come. Thus, If dishonest bankrupt obtains discharge
IL WiH be The fout Of The creditor. For every word vii
be taken down in writing and kept reference for thu
benefit of the creditor SO that should dshones
obtain discharge The creditors hare everlasting
opportunity 10 set aside they shall establish act q
fraud
4th In carrying this act into effect the Judges do
dollar for the labor that will dcvolve upoI
them. Not dollar, directly indirectly the OF
ccrs of the Court will receive no compensation that vii
benefit them So that all the labor OF the Court and Of
ccs will be the to them other grauious duties
They nevertheless willing TO discharge this duty
from JUS, conviction OF the immense Importance Of thin
law To the moral we'll pecunary interest Of tn
people.