Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-08

/ rupt's assets, are to be held at the end of
| three and six months and third meeting
at such time as the court may direct. Any
| property realized after the third meeting,
is to be divided promptly by the assignee,
! bat no other meeting will be held unless
/ specially ordered hy the court in the order
| for a dividend. Under this section, the
following claims shall be entitled TO priority
or preference, and be first paid in full, in
the following order:
l. The fees, costs and expenses of suits,
and the several proceedings in bankruptcy
| under this act, and for the custody Of pro-
/ perty, as herein provided.
! 2. All debts due to the United States, and
| all taxes and assessments under the laws
thereof - SOUS
3. All debts due 10 the Staten which the
proceedings in bankruptcy are pending, and
all taxes and assessments made under the
laws of such State.
4. Wages due to any operative, clerk or
house servant, to an amount not exceeding
ffty dollars, labor performed within six
months next preceding the first publication
of the notice of proceedings in bankruptcy.
5. All debts due to any persons who, by
the laws Of the United States. are or may
be entitled to a priority or preference, in
like manner as If this act had not been
passed: Always provided, that nothing
contained in this act shall interfere with
the assessment and collection of taxes by
the authority Of the United States or any
State.
In addition to all expenses incurred, the
assignee is entitled to an allowance for his
services for all moneys received and paid
out by him, for any sum not exceeding
$1,000, FIVE per centum thereon for any
larger sum, not exceeding 5000, two anda
half per centum on the excess over $1,000;
and if, at any time, there shall not be in
his hands a sufficient amount of money to
defray the necessary expenses for the further
execution of his trust, he shall not be OBJ
liged to proceed thereon until the necessary
funds are advanced or satisfactorily Sc
cured to him.
Sec. 20. At any time after the expiration
Of six months from the adjudication OF
bankruptcy, or if no debts have been
proved against the bankrupt, or if no assets
have come to the hands of the assignee, at
any time after the expiration of sixty days,
and within one year from the adjudication
of bankruptcy, the bankrupt may apply ts
the court for a discharge from his debts.
The court shall thereupon order notice to
be given by mail to all creditors who have
proved their debts and by publication at
least once week in snch newspapers as the
court shall designate, to appear on a day
appointed, and show cause why discharge
should not be granted to the bankrupt No
discharge shall be granted, or if granted,
be valid, if the bankrupt has willfully
sworn falsely in his affidavit annexed to his
petition, schedule or inventory, or upon
any examination in the course of the pro-
ceedings in bankruptcy, in relation to- any
material facts concerning his estate or his
debts, or if he has been guilty of any fraud
or negligence in the care, custody OF de-
livery to the assignee of the property be-
longing TO him, excepting such property as
| he is permitted to retain under the pro-
visions Of this act, or if he has caused or
suffered any loss, waste or destruction
| thereof, or if, within four months before
| the commencement of such proceedings, he
| has procured his lands, goods, money or
| chattles to be attached, sequestered or seized,
| on execution; or it, since the passage of this
| act, he has destroyed, mutilated, altered or
| falsifed any of his books, papers or secnri-
| ties, or has made or been privy to the
] making of any false or fraudulent entry in
! any book of account or other document,
! with intent TO defraud, or has removed or
caused 10 be removed, any part of his pro-
perty from the district, with intent to de-
fraud; or if he has given any fraudulent
preference contrary TO the provisions of this
act, OF made any fraudulent payment, gift
or assignment Of any part OF his property,
or has lost any part thereof in gaming, or
has admitted fictitious debt against his
estate; or il, having knowledge that any
person has proved such fictitious debt, he
has not disclosed the same to his assignee !;
or if being a merchant or tradesman, he
has not, subsequent to the passage of this
act, kept proper books OF account; or If
he. or any person in his behalf has pro-
cured the assent of any creditor to the dis
charge, or influenced the action of any
creditor at any stage of the proceedings
by any pecuniary consideration or obllga-
ton; or if he has, in contemplation of
becoming bankrupt, made any pledge, pay
ment or conveyance of any part Of his
property, directly or indirectly, absolutely
or conditionally, for the purpose of prefer
ring any creditor or person having a claim
against him, or who is or may be under
liability for him, or for the purpose of pre-
venting the property from coming into the
hands of the assignee, or of being distribu-
ted under this act in satisfaction of his debts;
or if he has been convicted of any misde-
meanor under this acl, or has been guilty
of any fraud whatever, and before any dis.
charge is granted, the bankrupt shall take
and subscribe an oath to the effect that he
has not done suffered, or been privy to any
act, matter or thing specified in this act, as
q ground for Withholding such discharge,
or as invalidating such discharge, if granted.
Sec. 80. No person once discharged un-
der this act, who shall afterward become
bankrupt on his own application, shall be
again entitled to a discharge whose estate
is insufficient to pay seventy per centum ol
the debts proved against it 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 application
for discharge; but bankrupt who shall
prove that he has paid all the debts owing
by him at the time of any previous bank
rnptcv. or who has been voluntarily re.
leased therefrom by his creditors shall bt
entitled to a discharge in the same manner
and with the same effect as if he had not
previously been bankrupt.
Sec. 81. Any creditor opposing the dis
charge of any bankrupt may file specif
cation of the grounds Of his opposition
and the court may order any question o
the fact so presented, to be tried by th'
! Distric. Court.
Sec. 80. IL it shall appear to the cour
that the bankrupt has conformed to his duty
under this act and that he is entitled Il
receive discharge, the court shall gran
him a discharge from all his debts ex
oept as hereinafter provided, and shall give
, him a certificate thereof under the seal o
. the court. in substance as follows:
E DISTRICT Court OF THE UNITED STATE
\ | l-DTsTRICr oF--.-Wheress --- ha
4 been duly adiudged bankrupt nnder th
Z act Of Congress establishing a uniform sys
TEN Of bankruptcy throughout the Unite'
e States. and appears to have conformed t
{ all the requirements of law in that behalf
1 il ia therefore ordered by the court ths
= said - be forever discharged from al
' debts and claims which by said act ar
Z made provabIe against his estate, an
\ which existed on the - day of -, o
S which day the petition foradjudication va
2 fled by (or against) him; excepting sue
debts, II any, as are by said act excepte
. frona the operation of discharge in bant