Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1842-12-24
THURSDAY, Dec. 9Th, 1912.
IN SENATE.

bly to notice given, introduced Till to re
peal the Bankrupt act, which was read al
follows:
Whereas the bankrupt Of lS4l is un
consiiu ional and immoral land violates the
rights of The States and individuals, anC
is invalid and void, and not 10 Ie permit
ted to rem lin on the statute book; there.
fore,
Be it enaoted by the Senate and House
Of Representatives. Of the United State'
Of America in Congress assembled, TIL,
the ACT passed on the l9h day Of August
4 lS4l' entitled "An act TO establish a uni.
form system Of bankruptcy throughout tie
Unitrd StLtes," lie, and same hereby Is
repealed, ex ept for the trial of cases now
Deepen ling under said act; which cases ma
be prosecuted TO termination under the fol.
lowing lin talions and conditions, 4
Mit:
First That no discharge from his debts
shall be granted TO any bankrupt, exc pit
with The consent Of two-thlr1s of his cred
itors, and upon The judicial certificate Of
his integrity, rs pro,i ed in the 36lh sec.
ton Of The bankrupt act of April 4, 1909,
which is as tIlIows:
"Thai no pers N becoming n bankrupt.
according to the intent ami provisions Of
This act, sh Ill lie entitled 10 a certificate Of
discharge, or 10 any Of The benefits of the
act, un ess the commissioners shall certi-
~, under their hands, 10 the Judge Of The
district within which su,h commission IS
mes, III t such bankrupt hath made Il fall
discovery of his OF her estate and effects
and in all things conforme1 him pr herself
10 the directions of this act; and there
doth not appear tn them any reasGn to
doubt of the truth ofsIch discovcry,or tn t
the same was not full discovery of the
sal bankrnp,'s estate and effects; or I'm.
less the said Judge should be of opinion
that the SAID certificate was unreasonai ~
Denied BY the commissioners; and unless
two thirds, in num- or and in value, of the
credit ,rs of the bankrupt, who shlll be Gre
dit rrs for not less than fifty dollars, respec.
lively. and who shall have duly proved
their debts, under the said commission, shall
sign su"h certificate 10 the Judge, aud les.
tiiy their con. ent to the all,war ce o! a
certificate Of discharge, i'll pursuance Of
his t; which signing and consent shall
lie also certified by the commissioners; bit
the slid comr, issoners shall not certify
The same till tn have proof, by affidavit
or information, in wri ing, of such croft
ors, or Of the persons respectively author
ned for tina, purpose. signing the said GER
ii6cate: viii h affidavit or affirmation, to-
ge,her with the letter or power OF attorney
G.,n. shall he laid efore the judge of the
district within which such commission is'
,ues. in order for the allowing the ce'tIti-
rae of discharge; and the said &c t'lca e
shalt no, he allowed, unless The bankrupt
make oath or affirmation, in writing, that
the certificate OF the commlsNi pneIs, ana
conscnt of the ere iitors ihereunto, oh
tanned fairly and without fraud; and any OF
the creditors of the said bankrupt are al
luwed to be heard, If ih"y shall think NJ,
before the respective persons aforesaid
against the making or showing OF such
certificates by the commissioners or
Secondly. TIL the insnlvent lava Of tbs
States be respected and lett in force,'o the
same degree that ey were ordered ''
be respected by the 6lst section of the ac'
oflsOO; which section is in The follow ne
words:
"That this act shall MT repe a or annn'
orbe construed 10 repeal or annu'' th'
laws IF any State now in force or which
NAV hereafter be enacted, f'r the relief o
in olvent debtors, except so tar as th'
same may respect persons who are, or M
he. clearly within the pnrview OF this i
and VIII ,se debts shalt am Dun', IN the cnsc
snecitie1 i'm the second Sc ton thereof, 4
lthe sums therein mentioned. And 1t an,
mrs n within The pursiew OF this act sha
he impr soned for tho spa G OF TIRE
months for any debt orupon any contrac,
.unless the ere Iitors Of such Iri soner shnl
proceed 10 pressure commission G
b,nk up.cy ag inst him or her, agreeabl
to,he pro isions of This act, such debto
NAV, and shall lie, entitled t. relief unde
.ny =. oh laws for the relief OF insolyer
deb: Us, this act twilhst nding."
81 Thirdly. Tint the liens created bv Stat
laws on the property Of lankrupis be re-
n led aud observed in the same full an
ssb olnte manner in which they wee n
dared to be respected and observed by III
se1rh section OF the said act of 1900; whic
ss- ton is in the words:
ses"That n thing contained in ,hi' act ha
Do taken or construed to invalldatc or in
pair any lien existing at the date "i tn
acs u on the lands or chat Il OF any pc
SIN who may becnmc bansrup'."
ao FourthIy. That per-on sub ect t. y
'voluntlry bankruptcy shall not have tt
privilege "fv ntny bankruptcy; tut
= fling decl ration If insolvency, shal
sul,irc, to be proceeded az ainst at Tie W