Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-03-20

separate debts, such balance shall be added
to the Joint stock for the payment Of the joint
creditors; and if there shall be any balance
of the joint stock after payment Of the joint
debts, such balance shall be divided and ap
propriated tc and among the separate estates
of the several partners, according to their res
pective right and interest therein, as it would
have been if the partnership had been dis
solved without any bankruptcy and the sum
so appropriated to the separate estate of each
partner shall be applied to the payment OF his
separate debts; and the certificate OF dis
charge shall be granted or refused to each
partner as the sam would or ought to be If
the proceedings had been against him alone
under this Act; and in all other respects the
proceedings against partners shall be COD
Quoted in the like manner as if they had been
commenced and prosecuted against one person
alone. If such copartners reside in different
districts, that court in which the petition Is
first filed shall retain exclusive jurisdiction
over the case.
SEC. 81. And be it further enacted, That
the provisions of this Act shall apply 10 ell
monuycd, business or commercial corporations
ard Joint stock companies: and that upon the
petition of any officer of any such corporation
or company, duly authorized by a vote of
mpiority of the corporatorS present at any
legal meeting called for the purpose, or upon
the petition of any creditor or creditors OF
such corporations or company, made and pre-
sented in the manner hereafter provided in
respect to debtors, the like proceedings shall
be had and taken as are hereinafter provided
in the case Of debtors and all the provisions
| Of this Act which apply to The debtor, or set
torsL his duties in regard to furnishing sched-
u,cs and inventories, executing papers, sub
mi.ting 20 examinations. disclosing. making
over. sccre,,ng, concenling, conveying. assign
ing or paying away his money or property,
shall in like lEanner, and with like force, ei
tcct ard penalties, apply to each and every
officer of such corporation or company in re-
| ..,ion 10 the same matters ccncerIing the
CORPORATION or company, aud the money ard
property thereof. All payments, conveyances
and assignments declared fraudulent and void
oy this Act when made by 4 debtor, shall, i'll
IKE manner, and to the like extent, and with
| like remedies, be fraudulent and void when
Gade by corporation or company. No al,
Iowauce or discharge shall be granted to any
corporation or joint stock company, or to any
person or officer or member thereof; provided
that whenever any corporation, BY proceed
ings under this Act, shall be declared bank
.upt, all its property AMI assets shall be dis
ributed to the creditors of such corporation
the Kramer provided in this Act in respect
to natural persons.
OF DATES AND DISPOSITIONS.
SEC. So. And be it further enacted, That
The filing of petition for adjudication in
bankruptcy, either by debtor in his own be
half or by any creditor against debtor, upon
| which an order may be issued by the court,
or by register in the manner provided in
section four, shall be deemed aud taken to be
the commencement of proceedings in bank
ruptcy under this Act the proceedings IN all
cases OF bankruptcy shall be deemed matters
of record, but the same shall not be required
to be recorded at large, but shall be carefully
filed, kept and numbered in the Office of the
| clerk Of the court, and a docket only, or short
| memorandum thereof, kept in books to be
provided for that purpose, which shall be open
to public inspection. Copies Of such record,
iuir certified under the seal of the court,
shall, in all cases, be prima .tacic evidence OF
the fact therein stated. Evidence or e1ami.
nations in any of the proceedings under this
Act may be taken before the court or register
in bankruptcy, cir0 rocc or in writing, before
| a Commissioner OF the Circuit Court, or BY
| affidavit or On commission, aud the court may
| direct reference to a register in bankruptcy
| or other suitable person, to take and certify
such examination, and may compel the at
tendance of witnesses, the production OF
books and papers, and the giving Of testimo-
ny in the same manner as in suits in equity
in the Circuit Court.
INVOLUNTARY BAEERUPTcY.
Sec. 80. And be it further enacted, That
any person residing and owing debts as afore-
said, who, after the passage of this Act shall
depart from the State, District, or Territory
of which he is an inhabitaut, with intent to
defraud his creditors, or, being absent, shall,
with such intent, remain absent; or shall
conceal himself to avoid the service of legal
process in any action for the recovery of o
debt or demand provable under this Act; or
shall conceal or remove any of his property
to avoid its being attached, taken or seques
tered on legal process; or shall make any as
signment, gift, sale, conveyance or transfer Of
his estate, property, rights or credits. either
within the United States or elsewhere, with
intent to delay, delraud or hinder his credi-
tors, or who has been arrested and held in
custody under or by virtue Of mesae process
of execution, issued out of any court Of
any State, District or Territory, within
Which such debtor resides or has property,
founded upon demand in its nature provabe
against bankrupt'S estate under this Act,
and for a sum exceeding one hundred dollars,
and such process is remaining in force and
not discharged by payment, or in any other
manner provided by the law Of such State,
District, or Territory applicable thereto, for
period Of seven days; or has been actually
imprisoned for more than seven days in q
civil action, founded on contract, for the sum
of one hundred dollars or upward; or who.
being bankrupt or insolvent, or in contempls
ton of bankruptcy or insolvency, shall make
any payment, gift, grant, sale, conveyance, or
transfer of money, or other property. estate,
rights or credits, or give any warrant to con-
fess Judgment, or procure or suffer his prop
erty to be taken OH legal process, with intent
to give preference to one or more of his
creditors, or to any person or persons who arc
or may be liable to him as endorsers, bail.
sureties or otherwise, or with the intent, by
such disposition OF this property to defeat or de
lay the operation of this Act; Or who being
banker, merchant or trader, has fraudulently
stopped or suspended, AID not resumed pay
mcnt of his1ommercial paper within period
OF fourteen days, shall be deemed to have
committed an act of bankruptcy, and subject
to the conditions hereinafter prescribed, shall
be adjudged bankrupt on the petition Of one
or more of his creditors; the aggregate Of
whose debts provable under this Act amount
to at least two hundred and fifty dollars, pro-
vided such petition is brought within six
months after the act of bankruptcy shall have
been committed. AMI if such person shall
be aliudged bankrupt, the assignee may