The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-04-18
No. H..
Official.

delay or expense, the assignee may, under the
olreclon OF the court, sell and assign such debts
or other property in such manner as the court
snail order No dividend already declared shall
oe disturbed by reason Of debts being subsequent
ly proved, but the creditors proving such debts
Shall be entitled to dividead equal to those al
ready received by the other creditors before any
1urther payment is made TO the latter Prepara-
tory 10 the final dividend, the assignee shall sub
init his account to the court and file the same
and give notice to the creditors of such fling and
shall also give notice that he will apply for set
tement OF his account, and for a discharge from
all liability as assignee, at time to be specified
in such notice, and at such time the court shall
audit and pass the accounts of the assignee and
such assignee shall, if required by the court be
examined as to the truth of such account, and If
found correct, he shall thereby be discharged
from all liability assignee to any creditor of the
bankrupt The court shall thereupOn order o
dividend OF the estate and effects or of such part
thereof as it sees fit, among such of the creditors
as have proved their claims, in proportion to the
respective amount of their said debts. In addi-
tion to all expenses necessarily incurred by him
in the execution of his trust in any case the as
slgnee shall be- entitled to an allowance for his
services In such case on all moneys received and
paid out by him therein, for any sum not exceed
ing one thousand dollars five per centum there
on; for any larger sum, not exceeding five thou
sand dollars, two and half per centum on the
excess over one thousand dollars and for any
larger sum, one per centum on the excess of five
thousand dollars; and if at any time, there shall
not be IN his hands sufficient amount of money
to defray the necessary expenses required for the
further execution of his trust, he shall not be
Obliged to proceed therein until the necessary
funds are advanced or satisfactorily secured to
him. If, by accident, mistake, or other cause,
without fault of the assignee, either or both the
said second and third meetings should not be
held within the times limited, the court may up
on motion of an interested party, order such
meetings, with like effect to the validity of the
proceedings if The meeting had been duly held.
In tho order tor dividend, under this section,
the following claims shall be entitled to priority
or preference, and to be first paid in full in the
following order:
First. The fees, costs, and expenses of suits,
and the several proceedings in bankruptcy under
this act and for the custody of property, as here
in provided.
Second. All debts due to the United States,
and all taxes ard assessments under the law
thereof.
Third. All debts due to the State in which the
proceedings in bankruptcy are pending, and all
taxes and assessments made under the laws of
such State.
Fourth. Wages due to any operative, clerk, or
house servant, to an amount not exceeding fifty
dollars, for labor performed within six months
next preceding the first publication Of the notice
of proceedings in bankruptcy.
Fifth. All debts due to any persons who, by
the laws of the United States are or may be en-
titled to priority orpreference, in like manner
if this act had not been passed AtscayS prOUided,
That nothing contained in this act shall interfere
with the assessment and collection of taxes by
the authority OF the United States any State.
OF THE BANKRUPT's DISCHARGE AND EFFECT.
SEC. 29 And beit further enacted, That at any
time after the expiration OF six months from the
adjudication of bankruptcy, or if no debts have
been proved against the bankrupt, orif no assets
have come to the hands of the assigns, at any
time after the expiration of sixty days, and with
in one year from the adjudication Of bankruptcy,
the bankrupt may apply to the court for dis
charge from his debts, and the court shall there
,,nfiD ha rNall
creditors who have proved their debts, and by
publication at least week in such news
papers the court shall designate, due regard
being had to the general circulation of the same
in the district, or in that portion of the district
in which the bankrupt and his creditors shall re-
side, TO appear on day appointed for that pur-
pose, and show cause why discharge should not
be granted to the bankrupt No discharge shall
be granted, or, if granted, be valid, if the bank
rupt has wiltuly sworn falsely in his affidavit an
neXed to his petition, schedule or inventory, or
upon any examination in the course of the pro-
ceedings in bankruptcy, in relation to any mate
rial fact concerning his estate or his debts, or to
any other material fact if he has concealed any
part of his estate or effects, or any books or wri
tings relating thereto rif he has been guilty OF
any fraud or negligence in the care custody, or
delivery t. the assignee of the property belong
ing to him at the time of the presentation of his
petition and inventory, excepting such property
as he is permitted TO retain under the provisions
of this act or if he has caused permitted, or suf-
fered any loss waste or destruction thereof; or
if, within four months before the commence
ment of such proceedings, he has procured his
lands, goods, money, or chattels TO be Alta shed,
sequestered or seized execution; or if since the
passage of this act he has destroyed, mutiated.
altered, or falsiied any of his books, documents,
papers, writings, or securities, or has made or
been privy to the making of any false or fraudu-
lent entry in any book of account or other docu-
ment, with intent to defraud his creditors or
has removed or caused to be removed any part Of
his property from the district with intent to de-
fraud his creditors or if has given any traudu-
lent preference contrary to the provisions of this
act, or made any fraudulent payment, gift, trans
fer, conveyance, assignment of any part of his
property, or has lost any part thereof in gaming,
or has admitted false or fictitious debt against
his estate: or it, having knowledge that any per-
son has proved such false or fictitious debt, he
has not disclosed the same to his assignee within
one month after such knowledge; or if, being
merchant or tradesman, he has not, subsequently,
to the passage of this act, kept proper books of
account; if he, any other person in his
behalf, has procured the assent of any creditor
to the discharge or influenced the action of any
creditor at any stage of the proceedings, by any
pecuniary consideration or obligation or 1.-THE
has, in any contemplation of becoming bankrupt,
made any pledge, payment, transfer, assignment,
or conveyance ofany part of his property, direct
y or indirectly, absolutely or conditionally, for
the purpose of preferring any creditor or person
having claim against him, or who is or may be
under liability for him, or for the purpose Of
preventing the property from coming into the
hands of the assignee, or being distributed under
this act in sat sfacton of his debts if he has
been convicted of any misdemeanor under this
act, or has been guilty of any fraud whatever
cOntraryto the true intent ufthis act and before
any discharge is granted, the bankrupt shall take
and subscribe to oath to the effect that he has
not done, suffered, been privy to any act, mat.
ter, things specified in this act as ground for
Withholding such discharge, or as invalidating
such discharge if granted
SEC. 80. And be it further enacted, That no
person who shall have been discharged under this
act, and shall afterwards become bankrupt, on
his own application shall be again entitled to
diecharge whose estate is insufficient to pay sey.
enty percentum OF the debts proved against IL,
unless the assent in writing of three-fourths in
value of his creditors who have proved their
claims is filed at or before the time of applica-
tion for discharge but a bankrupt who shall
prove to the satisfaction of the court that he has
paid all the debts owing by him at the time Of
any previous bankruptcy, or who has been yolun-
tarily released therefrom by his creditors, shall
be entitled to discharge in the same manner
and with the same effect as if he had not previous
ly been bankrupt.
SEC. 81. And be it further enacted Tt,f any
creditor opposing the discharge of any 1ankruPt
may file specification in writing Of toe grounos
of his opposition and the court TDdy In lts olsere
ton order any question of fact SO represented
to be tried at a stated session OF tne Dlstr1cs
Court.
SEC. SO. And BE- 1t further enacted, That If It
shall appear to the court that the bankrupt has
in all things conformed to his duty under this act
and that he is entitled, under the provisions
thereof, to receive discharge, the court shall