The New York herald., 1864-12-15


sminaton had been had In court The bAnkrupt shall,
all times, until his discharge, be subject 70 the
der OF the court and shall, Al the expense OF the
state execute all proper writings and instruments and
g aud perform all required BY the court touching
>e assigned property or estate and 10 enable the as
Ia estate sssigued wherever situated and for neglect
refusal TO any order Of the court such bankrupt
Hy be committed and punished as for . contempt OF
eur II the bankrupt Ia without the district and una.
y TO return aud personally attend af any OF the times
edo any OF the acts which may be specified required
ysuan 70 this section and i appears that such alb
zoe caused by wilful default and H. as soon
may bs alter the removal Of such impedment, he
Ns 70 attend and submit to the order OF the court
MI respects he shall be permitted to do So with ike
sct II he had been In default He shall aIso be
Liberty, from time TO time, upon oath, 70 amend and
rect his schedule OF creditors and property that
any creditor, and such reasonable notice ss the
lrt may direct, aud for good cause shown any bank
p may oe required to bring his wife before the
prt to the end that she may be examined as q wit.
70, ana u such wife do not attend al the lime and
co specified IN the order the bankrupt shall not be
tiled 70 discharge unless he shall prove TO the
niaction OF the court that he unable 10 procure
attendance OF his wife. No bankrupt shall be liable
arrest during the pendency Of the proceedings in bank
tcy IN any civil action, unless the same Is founded
ne debt or Claim from which his discharge in bank
Ncy would not release him.
OF THE DISTRIBUTION BANKRUpT's Estate.
Ec 80 And be further enacted, That all creditors
ose debts are duly proved aud allowed shall be enti.
10 share IN the bankrupps property and estate pro
a, without any priority or preference whatever OK.
q that wages due from him to any operative clerk,
mouse servant, ~ an amount not exceeding fifty dol.
,, Tor labor performed within six months next pre-.
ing the adjudication Of bankruptcy; aud debts due
physician Tor medical attendance the bankrupt
family during tho tendency Of the proceedings in
ikrupcy until the hnal dividend 10 declared mot ex.
dug nifty dlare, shall be entitled to priority and
III be FIRST paid IN full At the expiration OF three
nths from the date Of the adjudication Of bankruptcy
my case, much earlier as the court may dir ect,
b q
meeting Of the creditors, OF which due notice shall
given, and the assignee shall then report, and exhibit
the court and TO the creditors, just and true
Iouuts OF all his receipts and payments, veri.
BY bis oath, and he shall also produce
I NE vouchers for all payments Tor which vouchers
mi the schedule OF the baDkrups creditors and pro.
~ as amended. duly verified oy the bankrupt, and q
lemcnt VI lbe whole estate Of the bankrupt as then
craned OF the property and OF the property
standing Specifying the OF it's being outstand.
also what debts or claims are yet undetermined, and
ting what sum romans In his hands. At such meet.
the majority ~ value OF the creditors present shall
ermine whether and nat part OF the net proceeds
tue esta'e ater deducting ana retaining sum suii'
nt 10 provide for all undetermined claims claims
ch the distant residence OF the creditor
for other sufficient reason, have not been proved,
for other expenses and contingencies sha be divided
Dug the creditors; but, unless At least onethrd n
ne o the ceditors shall attend such meeting 1t shall
the duty OF the assignee 80 TO determine. In
lidcnd Is ordered, the register shall within ten days
tr such meeting, prepare list Of creditors entitled to
idend, and shall calculate and set opposite to the
dood TO which he rs entitled OF the net proceeds
estate part Tor dividend, and shall forward by
to every creditor statement OF the dividend TO
bch he entitled, and such creditor shall be paid by
ssignee IN such manner as the court may direct.
tsC. 81 And be 1t further enacted, That the like pro.
hipgs shall had at the expiration the next three
hths, or earlier, practicable aud third meeting Of
tors called, and final dividend then declared unless
sction At law or suit in equity DO pending, unless
10 other estate or elects OF the debtor afterwards
e bands Of the assignee, in which case the assignee
j, soon Is may be, convert such estate effects
money and within two months after the same snail
% converted The same shall be divided In manner
esad. Further dividends shall be made 10 like
as often AZ occasion requires; aud after the third
Ling creditors DO further meeting shall be called,
ss ordered by the court II ut any time there shall
10 the hands OF the assignee any outstanding
or other property. due or belonging to the
10. which cannot be collected aud received by the
nee without unreasonable or inconvenient delay or
pse. the assignee may, under the direction Of the
sell and assisn sucn debts or other property in
manner AZ the court shall order. NO dividend
- ny declared shall be disturbed by reason OF debts
subsequently proved, but the creditors proving
debts shall be entitled 70 dividend equal those
hy received BY the other creditors before any fur.
payment Is m dc, TO the lattor. Preparatory
pe final dividend, the assignee shall sub
and give notice the creditors OF such 6ling at the
uch dividend given, and shall also give notice that
apply for settlement OF his account, AID for
lrge from all liability - assignee, Al time TO be
ed in such notice. and at such time the court shall
and pass the accounts Of the assignee, and such
Al shall, II required by the COURT be examined ~ TO
AN o. suoh account, aud found correct. he snan
" be discharged from all liability az assignee to any
r Of the bankrupt. The court sshan thereupcn
adividerd OF the estate and effects, such part
- 10 sees 1T. among such o. the creditors as
roved their claims, 10 proportion to the respec-
mount Of their said debts. In addition TO ali
es necessarily incurred by him in the execution
rust In ANY case, the assignee shall be entitled 10
vance for his services IN such case, on all moneys
Id aud paid out by him therein, for any sum not
eDg one thousand dollars, i've per centum thereon;
larger sum, not exceeding i've thousand dollars,
H half per ceptum ON the excess over one thou
4lluro and fnr luFp a ana "a m n
tbss i've thousand doliafs. and n, at any time,
uba not be In his hands sufficient amount OF
NO defray the necessary expenses required for the
tuexecuton Of his trust, be shall not be obliged TO
R therein until the necessary funds are advanced or
saoriiy secured TO him. II, BY accident, mistake or
esLse without fault OF the assignee, either or both,
e i'd second and third meetings should not be held
wihe tunes limited the court may, upoa motiln o.
a. .sted party, order such meetings, with like efec.
- vaiidty OF the proceedings rs II the meeting had
peey held. In the order for dividend, under this
secfhe following claims shall be entitled to priority
Or psuce, TO be first paid in full In tue following
irst-Ai debts due 10 the United States, and all
taItl assessments under the laws thereof Second
Al g due TO the State In which the pro
essdi In bankruptcy are pending and all taxes
And ssmenis made under the laws OF such
staie,i-d-waEes due to any operative, clerk, or
hrussant TO an amount not exceeding hfty dollars,
for laberiorrncd within six months next proceeding
the hbublcAtDn OF the notice OF proceedings III bank
rup ciourth-All debts due TO physicians for medical
attend on the debtor or his family, rendered within
six ms priot to the institution OF proceedings in
cinkry, or pscding said proceedings. thta-Al
debts any pers who, by the laws OF the United
States or mat bo entitled 10 priority preference
IN Ike bner Az IL this act had not been passed.
Sixth ices. casts and expenses OF suit md for the
oustGy property hereinafter provided In section
hy
= orr BANsRuPT's D1scHARGE AND rTs rFrEir.
! &c 3.dnd be Il further spdcted That NJ any timo
thexp,ralion or six months from tue Adjudication
'dnxrt,cy, II no debts nave been proved against
pankrlpt,tr IL assets have come to tho hands OF
the Assignee any time after the expiration Of sixty
days, and within one year from the adjudication OF
bankruptcy, H. bankrupt may apply to the court
order NOTICE tope given by mail 10 all creditors who
have proved their debts, and by publication at
least once In such newspapers as the Court shall
me which shall be tue paper having the
ARREST circulation In the district, to appear day ap.
pointed Tor that purpose, add show why dis.
chrge sboud not be granted 10 the bankrupt No dis
pharge shaIbe granted, or, n granted, be valid II the
bankrupt hal wifuily sworn falsely In his affidavit an.
nexed to his oettop schedule or inventory or upon
Dxsminaton the course OF the proceedings in bank
rupcy IN reston TO any material TACT concerning his
Dsate or hs ebts or to any other material act he
has conceahd any part Of his estate or ef.
ects, or ay books writings relating there
70; Of N within six months before the commencement
\ such proceedings he has procured his ands goods,
money, or chates 10 te attached seluetered seized
20 execution; H. since the passage OF this act, he
lseiIoysd, mEilated, altered, or faIshed any OF his
>oOkS, documents. writings securities has