Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-02-24

regard The distance which the creditor resides from
such court And II an, such bankrupt shall he guilty "i
any fraud wlliu conccanen Of his property or rights
% prnpery. shall have preferred any of his creditors
contrary IL the ri this act, OF shall wul,
omit refuse 10 comply with any orders OF direction a'
such 10 conform any other requisites o this
act. or shall. IN the proceedings under tins act admit
false fictitious debt against his estate he shall not be
entitled 10 such discharge orccruilcate nor shall an.
person. being merchant, banker factor. broker. under
writer. or marine insurer. be entitled 10 any such dis
charge certificate. who shall become bankrupt. and
who shall not have kept pror books oi account after
the passing oi this act, person who. alter the
passing OF his act, shall apply trust funds Ia his own use
Irorided That no discharge OF bankrupt under this
act shall release or discharge any person who may hs
liable tlr the debt partner. Jolnt contractor an
dorSer. surety or otherwise. Tor with the bankrupt
And such bankrupt shall all times be subject 10 exam
nation, orally upon written inicrraof,s. IN aud be
fore such court. any commission appointed hy the
court therefor. oath. II eouscicntuusy scruruhms
Of taking cath, upon his socm affirmation. IN all mat
tiers relating 10 such bankruptcy. and his acts dings
and his property and rights OF property. which. III the
udg ment of such court and proper or the
purposes Of justice, and if in any such examination he
shall "nly and corrupy answer. III swear. 81 affirm
falsely he hall be deemed guilty Of perjury and shall be
punishable therefor, IN like manner AS the crime o @uu
~ Is punishable hy the laws Of the United States
and such discharge and certificate. when duly granted
shall. IN all courts Of Justice be deemed full and
plctc Discharge III All debts contracts. and other engage
ments oi such bankrupt. which proyeabo under tins
act aud shall he and ms, be pleaded full aud com
'cte tar 10 all suits brought in any court OF udcaiure
whatever. and the shall b conclusive evidence of
itself IN favor of such bankrupt unlcs. the same shall
he nreach,d Tor fraud wlliul conceal
men, by HIM oi his property. rights vi proper
~. rs aforesaid contrary the pro, sons OF tins act On
prlor reasonable notice specifying IN writing such fraud
81 conccalnuh andli. any ease IT bankruptcy. ma
Jofy. IN number and value Of the creditors, whs shall
l1X,, ,l,i,tp ,purIu Il
tton Of the bankrupt for the discharge hcrcluher 70
provided. shall at such hearing file their written dissent
To The allowance o discharge aud certificate 10 such
bankrupt OF II. upon such hearing Discharge shall not
be- docr,ed 10 huns, the bankrupt may demand trial 10y
Jury upona proper 10 b. directed by the court, nj
such time and place aud IN such manner the court
may order; or he may appeal from that decision. at any
time within ten day thcr, after to the circuit court neal
To be b,ld lor the district hy SIMPLY entering IN the
district court with the clerk thereof upon record his
prayer Tor an appeal The appeal shall be cd nj the
drs term OF the circuit after be iakcn unless, for
sufficient reason continuance be granted; and II may he
heard and determined by said sunmary. r by n
Jury al the option OF bankrupt. and the creditors may
appear and ucct against deere" oi discharge and the
allowance OF the certificate, AS hrrclnhcorc provided
And upon full hearing OF the parties, II shall appear
To the SATISFACTION of tie court or the jury shall find, that
The bankrupt has made full disclosure aud surrender Of
all his estate, hy this act required and has in all
things confirmed 10 the directions thereof The court shall
provided IN this act.
Soc >. .lld lie ii further enacted, That all creditors
coming and proving their debts under such bankruptcy
IN the hereinafter prescribed. the same being ho
ma fde del Is. shall hc entitled 10 share IN the bank
1ups property and effects. prora,. without any priority
or rcefoncc Whatsoever. except ,ny for debts due by
such bankrupt the nilcd States and for all debts due
y hun 10 persons who, by the laws Of the nod States,
have preference Ia consequence oi having paid money
IS his surctos, which shall he FIST paid out o the as
sets and any person who shall have performed any Ia
hu operative IN the service oi any bankrupt shall
hc entitled receive the full amount o the WAGES due
HIM for such labor not exceeding twenty five dollars,
provided that such labor shall have been performed with
III six months next before the bankruptcy oi his employ
err and all creditors whose debts are due and payable
until future day, all .nnutants. holders Of botomry
and nspondcna bonds, holders policies Of assurances.
surctics, cndorscrs bail other p, rsons having
tain contingent demands against such bankrupt. shall
be permitted to ia and prove such debts claims
under this act. aud shall have gEt. when thor debts
and claims become absolute, 10 have the allowed
them; and such snnutans and holders Of debts payable
in future may have the present value thereof ascrraln'd
under the direction of such and allowed them
cordngly, debts IN present.; and creditor or other
person. coming in and proving his deb, other claim.
shall be allowed 10 maintain any suit At law or in equity
the rcor but shall be deemed thereby 10 have waived all
nht o action and suit against such bankrupt and all
proceedings already commenced, aud all unsatsied
judgments already obtained thereon. shall be deemed
to be surrendered thereby and IN all cases where there
mutual credits between The parties the balance only
shall be deemed the debt claim between them,
and the residue shall he deemed adjusted by the sci of
all such prpof of debts shall be made before tho court de-
erecting the bankruptcy bei.re some commissioner
appointed by the court for that purpose but such court
shall have full power to set aside and dsaow any debt,
upon proof that such deb, founded IN fraud imposition,
illegally mistake; and corporations to whom any debts
may make proof thereof by their president. cash
cir treasurer other officer. who may be specially ap
pointed for that purpose; AMI in appointing commission
proof of debts, and perform other duties
under the provisions of this act, the said court shall ap
point such persons have their residence in the county
in which the bankrupt lives.
Sec. g. ind be II further enacted That the district
court in every district shall have jurisdiction in all
tiers and proceedings IN bankruptcy arising under this
act and any other act which may hereafter be passed
the subec, Of bankruptcy; the said jurisdiction to be
crcscd smmay, the nature Of summary proceedings
in equity; and for this purpose the said district court
shall be deemed always open. And tho district Judge
may adjourn any point question arising IN any case IN
bankruptcy into the circuit court of such district, in
his discretion be there heard and determined, and for
this purpose the circuit court Of such district shall
also he deemed always open And the jurisdiction hero
b, conrcdon the district shall extend 10 all
and Controversies in bankruptcy arising between hebank
mpt and any creditor creditors who shall claim any
debt or demand under the bankruptcy to all cases and
controversies between such creditor creditors, and the
assignee Of the estate whether in office reILoved to
cases and controversies between such assignee and the
bankrupt and all acts. and things be done
der and in virtue Of the bankruptcy until the final dsrl-
button and settlement Of the estate of the bankrupt and
the close Of the proceedings in bankruptcy. And the
said shall have full authority and jurisdiction to
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