The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-07


Tore or ut hs time OF his barsruo,oy declared a. a.oye
SAID ana sl quits IN Law squsg tusr pand.ag IN
which such bsasfupt lie party may prosecuted aud
defended BY eeos assignee 10 iis Goal c,ncusol, ii the
Same way and with The effect as tney night have
been hy sucn BANKRUPT and no sur commenced o. or
against any assignee shat be By nls death or
novA rom ONE oCt the same he prosecuted o. DO
fended by bis successor in the same ofRce: Provded
however, III there sb ali excepec fum the oper
OF the provsonh " thie section the necesAry household
and Kitchen furniture and such Articles
saSies OF such bankrupt the sad asst shalt desg
mate and est apart having rersreGcs in the amount
70 the family, condition circumstances OF
Ahe bankrupt, but altogether not 70 exceed in
value, ~ suy case, the sum OF three
Hundrgd collars and ali property whish casy o-
empted nom levy and sale by Tho a the STATE
which the bankrupt resice tbs time Of tne iecree
az o. IN the csss 81 reA essa.s eS s1e Las
O t0e Stale ~ ~bicE real estate may 90 located
Sec And be further acted. Chst every bankrupt
who shall ba de surr-n>er ali his properly aod sso's
Of property tho exception oorGre ent nntG 'r the
be1edt q. hm creditors sud ensl tui comply xtn aaa
oSey ell ths oTcers and directions Tbcb ma! from u ne
WISE conform 10 al rsquis,! OF th.s at soaa
<upssss one foTb in number and vaue ~ h creditors
Who have proved their debts shall he their written DIS
seat tneEeo &c emitted 70 full discharge rom ~ ms
aeb 40 De- decseed ap6 aoS % by the ,urt WHICH has
declared him bankrupt, and Certificate thereof grant
cd to MIN By such coar accordingly upon his petition
ed for such purpose such disoharge aod csr,id
mot 10 DO granted unt after ninety ics
decree OF esnSrupcy nor ur after seventy asss aso,e
al Creditors who have proved their debts and other per-
sons in interest appear at particular time snd place
not be grated; 1t which time and lace any such ere
dors other persons in interest may appear ana Goa
tsst the right OF ihe bankrupt thereto Provided 70 10
al Gases where The residence Of creoi 10 kuowo
service oin personally or by letter at1resse 10 hin
al his known usual place OF residence sua De pfe'crced
by the court as ia their dissretob stall proper,
having regard to the distance al which the creditor Resides
from such court. And II auy such bankrupt sb.u be
guilty o. ap fraud or wui con sea ,nt OF his pro srty
or shall have preferred any his cred,efs contrary -
The pro 0: this act shall vi funy snt refuse
20 comply with any orders oire ,tons court
kO it, sbAll.
bhe proceedings under ths admit fictitious
debt AgansI his estate ne shall NOT be emitted sy such
discharge certificate shall any person, being a
merchant barker, factor broker underwater .Ane
insurer, be entitled TO such discharge Certificate
VINO sha become bankrupt and vito shall not have sept
proper boS OF account after the passage Of this
any person sho sba have applied trust fumes :, has owe
nss Prove ed, That no discharge Of any bansrup'
son who mas be liable for the same debt as
partner, join; contractor endorser, surety or ether
wise, for or wi tho bapkruc. And such bsuErapt soa
n all tnea be subject to EXAMINATION, orally, or upoa
written risrrogs;oree in ana 5eior such court; c. auy
coumissop Gppote by the court therefor, oath
If consciep.oIsy scrupulous Of .akcg upon his
eoleun affi matCa in all mat relating TO osuk
rupscy, sna his acts and donss aud his property aut
rights on property, which, in the of c1urt
are necessary and proper 10! the OF asce sid
II. in aay such examination, shall wtuy corrupt.
be deemed guilty of perjury, and SHAT punish.
able therefor in like the crime o.
perjury Is now punisha cle By the laws VI the
Cui:ed States AID ouch discharge certificate,
duly granted, shall in all @. JUSTICE dceuei
Hull and copiete discharge OF all Gets, contracts AID
c,her engagements Of such bankrupt which are
proveacls L9ter thu act and sts be auc may be plead
sd as q tui! aac complete bar to ell cuts brocgh.
10 any Jueica;ure whatever; and the
shall be ccnclUsive evidence q Itself fagot OF such
bankrupt unless the shall he impeac ned for some
yrxud or vital copceament by him of n,s property u.
rights OF property aforesaid c:trsry to tho prov
pf h9 prior reasonable po,ce, spscifs.gg 10
writing sUea fraud anieLi within two after
fhe dAe G. The discharge; AMI II Ia any o. bank
Surcy, ons rooth IN number snd vare Of tiers
who shall have proved their 1eot at L. time Of nearing
OF the petition OF she bankrupt tor dHcbsrge herein
before provided shall, 8! such hearing he ner wriItcn
Cssen h. the allowance Of dischsrge aod certificate
succ oanSrup or ~ upon sncn hcsricg cAcosrse sba
cot be decreed 70 bin. the bankrupt may demaaa trial
by jury upon proper issue 70 be dec ed ty the cocTt
q: suco time sud place. ana IN su h manner, he court
may order or he may appeal from tssi decision, a. any
Anne within zen days THEREAFTER 10 the circuit court aext
So be held Tor the district, by Simply catering 10
ehc district court with ,herecf record
his prayer for appeal The appeal saa be tried
first term Of the after be taken unless.
suicent reason scontnuance bt granted suf uisy be
heard and Determined by sail court summsriiy, by
jury ct The option Of the bankru and tue CREDITOR nay
appear andcbect against decree OF discharge snd tts
allowance OF the certificate, Is hereiubefore provided
And n, Upon full hearing o. the parties, Il ebar
appear 10 the satisfaction OF the court the Jury sts
surrencer Of GIL his estate By this act required and
has IN all things conformei 10 tho directions hereof
court sha make decree Of discharge, sud grant GER
tifcAo, provided this act urles majority,
Der and vsue CT such creditors shall fe their
dssous 10 such discharge In which event saal 40; DC
granted in asT case OF voluntary Bankruptcy.
Sec g. Aed be 1t further ensctso, That oil creditors
coming Il aoc proving their debts under such bart
ruptcy In tie manner hereinafter prescribed the same
being bono fdc debts shall be en ed to share tn the
Balkrupts property and Effects pro rate xuboct auy
priority or preference whaisoIyer eScsp. ooy zoe debts
due by such bankrupt the United Sstes, aud tor all
ebts due b. him 70 persous who, by the laws OF the
United sss,es have prefreroe IN Consequence Of having
Yad mooeys his srretes which snail DC hrst PAID out
OF the assets and any who shall have peor med
any labor an operative In the service OF any bank
ne wages Que TO him Cor such ls,or. not ex.
ceeding tre1ty five dollars: Provided, Thai such
labor sbtil have been performed within SIX
months before the bankruptcy OF his employer
xnd all crc1dors whose debts net Que ao- payable
until future day, all snnui,sns, holders q bouonry
Rnd respondents bonds holders Of poes OF nsursuces
suretes oal other persons having uncei
gent demands against such bankrupt, shat
bs permitted " come In and prov Sach deots
rnder this at, and shall have rish. when their debts
and osina tecome absolute 10 have the same allowed
Hoem; and such annusns and holders OF deom payable
future the value thereof Ascsrtaped
under the ecton OF such court and allowed them
pordngiy debts IN presents end no creditor or other
yereon coming In and proving hts debt other claim,
eha be allowed TO MAINTAIN any suit las equity
therefor b.! shall be deemed thereby 10 hsve waived all
right Of scton and suit against such bsnkrupt and all
Inents ALREADY obtained thereon snail De deemed to be
surreudertd thereby; and in all oacs where there are
mutual debts or mutual credits between the parties the
balance only sls be deemed the true debs or clam be-
tween them and the residue shall be deemed adjusted by
Abe SET OF al proof Of debts shall be made before
Aha oourt dccres,ns the bankfup,cy or before
some commissiuer appointed by the court for
fhsi purpcee but such court shall have full power
40 set as.de and disalow any debt. upon proof
such debt Ia founded In fraud, imposition ilegaity
Or mistake and corporations " shom any ocba are due
may make proof thereof By their president cashier or
areasurer other officer who may specially appointed
for that purpose arc In appointing commissioner 10 re
reve PROOF o. debts and perform other duties under the
u thus act, the said court soal appoint such
persons a. have their residence In the county In which
fne bankrupt Ives
Sec Q. And be further enacted That the district
court In every district sba have Jurisdiction IN all mat
tsrs and proceedings In bankruptcy arising under shs act
rnd any other aN which may hereafter be passed the
~
Csed s1mmsny IN the nature Of . summary proceeding
In equity and for this purpose the said district court
shall be deemed always open. And the district Judge
raay adjourn any point or question arising In any 10
bankruptcy into the circuit for district his
discretion 70 be there heard and rmpe Cor this
purpose the circuit court OF such district shall 40 be
deemed always open. And the jurisdiction hereby
isrret on the district court shall extend 10 all
CASES ami controversies in bankru ytcy arising
between TIE bankrupt and any creditor ere
dtors who shall claim any debt or demand
der the baokrup,cy 70 all cases aud controversies be-