The New York herald., 1864-12-15

entitled 70 dscharse in the same manpsr and With the
same effect as be had not previously been bankrupt
ssc "a And Be IL further enaced, hat aoy creditor
writing a the grounds Of his opposition, demand inat
tnc Question Of the bankrupts right 10 discharge oe
tried sasa session ssa 'ss ss ss~s s.ss sSa
unless II shall appear TO be salts actorily shown to
the court that would be unjust to The bankrupt to
subject him 10 The expense and delay OF sucn rlai
IN which shall be tho duty Of the court 20 refuse
such triaL But only ono such trial shall be had And
II the jury disagree shall decide the appl
cation as no jury had been Called and the verdict OF
the ,y or the decision Of the court II no jury % called
| ceednes 10 bankruptcy are concerned ~, -
sEc s5 Ind % farhr enaetsd That ~ shan ap.
70 saS bis uy unSsr ACT
that no is entitled, under the provisions there
q: to receive discharge. e. the court shall grant
matter provided and shall give him certificate thereof
under the seal Of the court, m substance as follows
Whereas, c. d. has been duly adjudged bankrupt under
the act Of Congress sstabli hing uniform system Of
have conormed 10 all tho requirements OF law In that
behalf Is therefore ordered by the court that said U
| which by said ACT are made provaole against his
estate, and which existed on the - day OF -,
| for arsins.1 him Excep,ine such debts. II auy. as
are by said act excepted from the operation OF dis
charge W bankruptcy Given under my hand AM and the
seal Of the court, at -, In the said district, this
day OIL, A. u. -.
N
SEC 49, And be frsher enacssd That no debt created
by the fraud embezzement Of the bankrupt by Mis-
dealcation as public officer, executor, administrator
in any other fduciary charactr, shall be discharged
under this act; but the debt may be proved and
account Of said debit and discharge granted
this act shall release, discharge snect any person
liable the with the bankrupt, either
partner joint contractor, endorser surety other.
wise.
| SIC ST. And be IL further euacted. That discharge
long
aforesaid the bankrupt from debts, claims,
liabilities aud demands which might have been proved
against his estate in bankruptcy aud may be pleaded by
simple averment that the day OF its date such dis.
charge granted TO him, setting the forth in
brought any debts, Claims, liabilities de.
mauds and the certificate shall be conclusive evidence
favor OF such bankrupt OF the fact and the regularity OF
such discharge; and II the paintiK shall ht to
contest It's validity on the ground that was faudu
enty obtained he SHALL In his replication to such plea,
specify which particular Of the mentioned
in section thirty two OF this act he intends to give evi
the grounds OF avoidance and he shall not the trial
be permitted TO give evidence OF any other OF the SAID
The validity Of any such discharge shall be n-
qured into contested after years from The
when II shall have been granted.
ALLOWANCES THE BANKRurT.
SEC 38. And be Il fth,r enacted, That the bankrupt
shall receive from the assignee his attendance
court or the assignee when required, the like fees
witnesses attending district court He shall also be
allowed sut OF his estate Tor tho necessary support
himself and his family, such sum, not exceeding the rate
o, three dollars per week each member his family
and for such time, exceeding months as the
court may order And every bankrupt who is discharged
shall be allowed per cenum the net proceeds OF
his received by the assignee such net pro-
ceeds after such allowance sufficient TO the cred
iors entitled TO dividend the amount or ,ty per CEN
tum. and per II such proceeds amount
eny hvc per centum OF their Gebts but the allowance
shall in no case exceed the sum Of two thousand
five hundred dollars. the allowance TO the bankrupt
the net proceeds Of his estate becomes due aud not
paid to him in mis- lie me shall be paid to his
shall by Of the death OF the bankrupt
the proceedings the collection and distribution OF his
property shall be continued and concluded In like
aud with like validity he had lived. Notice OF the
bankrupts discharge shall be given by publication, In
and length OF time the court may direct
PREFEREeEs AND FRAUDULENT coNyEYANcss DECLARED
SIC. 80. And bs further en1ctd That II any person
being nsoven or N contemplation Of insolvency. within
six months before the ng OF the petition by against
him. with view to give preference to any creditor
person having Claim against him, who under any
aby for him. procures any part OF his property be
attached, sequestered seized execution, makes
payment, pledge, assignment transfer or convey
ance OF any part OF his property, either directly ndi
recy, absolutely or coDd,tonay the person receiving
SUCH payment. pledge, assignment transfer convey
apce thereby having reasonable cause
believe is nsolvent, that sucn pay
mont. pledge assignment convey is made fraud
o. the prov sons act. shall vo,d and
the assignee may property or tine value Of
from the person receiving IL, TO be benefited
and any person beng iusovent or in contemplation Of
Insolvency or bankrurscy within six months before
the ing Of the petition BY against him. makes any
paynen saie sssgnmeos, transfer, conveyanoe, or
who then reasonable cause TO believe him TO be
pay menG sae assignment transfer other
Conveyance 10 made with Wow to prevent MS property
coming TO his assignee In bankruptcy or 70
the me being distributed under this ct defeat
the object OF, or In any way impair. hinder impede
delay operation and effect Of or 70 evade Of the
prov this the sale. assignment transfer,
shall be void the assignee may
property the value thereof assets os the bank
Iupt. And such sale, assignment, transfer, or
yeyance made in the ordinary OF
business OF the debtor the TACT shall be fdcs evi
made or given by bankrupt or Other person WITH to,
trust for any creditor for securing the payment OF
money as ior or with intent to induce
the creditor forbear opposing the application for dis
charge of the bankrupt, shall be void and If any
cedito shall obtain sum Of money other goods,
chsttes, security from any pe, son nducement
~ oppcse or consenting to- such applica
ton discharge, every creditor offending shall
et all right any share dividend in the estate OF the
bankrupt, and shall also forfeit double the value
amount Of such moley, goods, cnateis. security
obane TO be recovered by the asknee for the benefit
OF the estate.
pANxRurcr pARrsRRs Hrrs AND CORPORATIONS.
sxr 40 And he Il further endcted That where two or
persous VINO partners trade shall be adjudged
bankrupt either the petition of such partpers auy
OF them on the petition auy creditor OF the part
neTs, a warr.u. snail issue IN the manner provided
by this act upon which all the Joint stock and property
OF the copartnershp and also all the separate estate OF
each Of the paftnee shall be iaken excepting such parts
thereof as are hereabeorc excepted all the credit
the company, and the separate creditors OF each
partner shall be allowed 10 prove their respective debts;
and tue assignee snail chosen by the creditors OF
company shah also keep separate accounts Of tho Joint
s;oc or property the copalnership and Of the eepa.
estate cf each member thereof and alter deducng
of tho whole amount received by such assignee tho
whole Of the expenses snd disbursements tho net pro-
cecs Joint shalt be appropriated TO pay tho
creditors OF tho coparne Ship and the net proceeds Of
the estate OF each partner shall be 8pprop
TO pay his separate creditors and II there shall DO any
balance ~ the separate estate OF any partner after the
payment OF his debts such balance shall be add
ed to the joint ior the mont OF the joint credi
tors and shall be any balance Of joint stock
after payment OF the joint debts such balance shall
divided and appropriated to and among the separate
estates OF the several psoers according to their respec
tive rights and interests therein, and IL would have
been the partnership had been dissolved without any
pkr upQt he ha
estate OF each partner shall be applied 10 the
his arate debts and the certificate OF discharge shall
be granted refused TO each ss the would
ought to be the proceedings bad been against BIN
alooe uoder this act aud in ali other respects the