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


court NAV. in its discretion, order any ques-
tion of fact so presented to be tried at sta
ted session of the District Court.
SEC. 80. ard be it further enacted, That ii
it. shall appear. to the court that the bankrupt
has in all things CONFIRMED to his duty un-
der this Act, and that he is entitled, under
the provisions thereof, to receive discharge,
the court shall grant him discharge from all
his debts, except as hereinafter provided, and
shall give him a certificate thereof under
the seal of the court, in substance as follows:
"D1srn1cr COURT OF THE UNITED STATES
DISTRICT OF --Whcreas, - has been
duly adiudged bankrupt under the Act OF
Congress, establishing uniform system OF
bankruptcy throughout the United States, and
appears to have conformcd to ell the require
ments of law in that behalf, 1t is therefore or
dered by the Court that said - be forever
discharged from ell debts and claims which
BY said Act are made provable against his
estate, and which existed Oh the day CT.
on which day the petition for adjudication
wasflled by (or against him; excepting such
debts, il any, as are by said Act excepted
from the operation of Discharge in bank
ruptcy Given under my hand and Seal at the
Court at -, IN the said District, this =
day of f., A. D. -.
Seal s---,J Judge"
Src. So. Aud be it further enacted, That
NJ debt created by the fraud or embezzle-
melt Of the bankrupt, or by his detalca;iol;
as q public officer, or while acting in any
fiauciary character, shall be discharged under
this Act; but the debt may be proved, and
the dividend the e,n shall Dc . pay ment OF.
account ofsa;d debt; and no discharge gran
,ed under this Act shall release, discharge or
affect any person liable for the sam" debt for
or with The bankrupt, either as partner. joint
contractor. rr%orser; surety or otherwise.
And in all prpc.eling' in bankruptcy com
mcnced after one year from the time this Act
shall ca into operation, no discha-ee shall b.
Granted to debtor VI oSe ass is do not pay
fifty per ce tum Of tn, claims agains. b $ c.
tate, unless the assent in writiu, cfa majnr
Is in number and .'u. Of his c'ed;;or> wao
have proved their claims is filed in the cl>e
st Or before the time Of application for dis
charge.
SEC "a. Ard be it further enacted, That &
di-charge duly granted under his Ac: shall,
with the exceptions aforesaid. release the
bankrupt from all debts, claims, liabilities and
demands which were or might have been
proved against his estate in bankruptcy, and
may be rl,a led, by simple averment that
ON the day of its date such discharge was
granted to him, setting the same forth in hoee
rerJa. ss full and complete bar to all suits
brought on any such debts, claims, liabilities
or demands. and the certificate shall he coD-
elusive evidence in favor Of such bankrupt o.
the fact and the regularity Of such discharge ;
always provided that any creditor or credi
tors of said bankrupt, whose debt was proved
or proyable against the estate in bankruptcy.
who shall see fit to contest the validity Of
said discharge on the ground that it was
fraudulently obtained. may, at any time with
in two years after the date thereof apply to
the court which granted it to set aside and
annul the same. Said application shall be in
writing. shall specify which in particular Of
the several Acts mentioned in section 90 it Is
intended to give evidence Of against the bank
rupt, setting forth the grounds cf avoidance,
aud no evidence shall be admitted as to any
other of the said acts but said application
shall be subject to amendment at the discre
ton of the court. The court shall cause rea
souable notice of said application to be giver
to said bankrupt, and order him to appear
and answer the same within such time Us to
the court shall seem fit and proper. If, upon
the hearing of said parties, the court sha!!
line that tie fraudulent acts or any of them
set forth as aforesaid BY said creditor or cred,
itors against the bankrupt are proved, and
that said creditor or creditors had no knowl-
edge of the same until after the granting OF
said discharge, judgment shall be given III
favor of said creditor or creditors, and the
discharge Of said bankrupt shall be set aside
and snnulled. But if said court shall find
that said fraudulent acts and all cf them set
forth as aforesaid are not proved, or that they
were known to said creditor or creditors be
fore the granting of said discharge, then judg
ment shall be rendered in favor of the bank
rupt, and the validity Of his discharge shall
not be affected by said Roceedings.
PREFERENCES AND FRAUDULENT CoNyEYANcEs
DECLARED VOID.
SEC. 35. And be it further enacted, That
if any person, being insovent, or in contem-
plation of insolvency, within four months from
the filing of the petition By or against him,
with view to give preference to any credi
tor Or person havinga claim against him, or
who is under any liability fox him. procures
any part of his property to be attached, Sc
questered o. seized on execution. or makes
any payment: pledge. assignment, transfer
or conveyance of any part Of bis property
either directly or indirectly absolutely Or
couditionally, the person receiving such
payment pledge, assignment, transfer or con-
,eYance, or to be benefited thereby or BY
such attachment, having reasonable cause to
believe such person is insolvent, and thai
such attachment payment, pledge. assign
ment or cow :nce is made iu fraud of the
provisions Of this Act, the same shall be void,
and the assignee may recover the property,
or the value of it, from the person SO receiv
ing it or so to be benefited; and if any per
son, being inso!vent, or in contemplation OF
insolvency of bankruptcy, within six months
before the filing of the petition By or against
him, makes any payment, sale, assignment.
transfer, conveyance or other disposition OF
any part of his property to any person who
then has reasonable cause to believe him to
be insolvent, or to be acting in contemplate.
tion Of insolvency, and that such payment:
sale, assignment, transfer OF other conveyance
is uiaue WILL We" 10 prevent MS property
from coming to his assignee in bankruptcy,
or to prevent the same from being distributed
under this Act, or to defeat the object OF, or
in any way impair, hinder, impede or delay
the operation and effect Of, or to evade any
Of the provisions of this Act, the sale assign
ment, transfer or conveyance shall be void,
and the assignee may recover the property or
the value thereof as the assets of the bank.
rupt. And if such sale, assignment, transfer
or conveyance is not made in the usual and
ordinary course of business of the debtor, the
fact shall be prima .tacie evidence of fraud.
AM contract, covenant or security made Or
given by bankrupt or other person with, or
in trust for any creditor for securing the pay.
&c NV, oe, n,