Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-13


the necessary expenses required for the fur
Their execution of his trust. he shall not be
obliged to proceed therein until the necessary
funds are advanced or satisfactorily secured
cause, without fault of the assignee, either or
both of the said second and third meetings
should not be held within the times limited,
the court may upon motion of an interested
party, order such meetings, with like effect
TO the validity OF the proceedings as If the
meeting had been duly held In the order for
dividend, under this section, the folio wing
claims shall be entitled TO priority or prefer
ence, and to be first paid in full in the follow
ing order:
First. The fees, costs, and expenses of suits,
and the several proceedings In bankruptcy un-
DER TINS act, and for the custody OF property,
as herein provided
and all taxes and assessments under the laws
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
OF house servant, to an amount not exceeding
fifty dollars, for labor performed within six
months next preceding the first pm ALLEGATION 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
entitled TO a priority or preference, in like
manner as il this act had not been passed:
Ai~oys provided, That nothing contained in this
act SHAH interfere with the assessment and col
lection OF taxes by the authority Of the United
States or any State. ..'..
OF THE BANKRUPT's DISCHARGE AND ITS EP-
FEET. f
SIC. %. And be it further enacted, That at
any time after the expiration of six months
from the adjudication of bankruptcy. or IL no
de BITS have been proved against the ban krupt
or II no assets have come to the hands Of the
assignee, al any time after the expiration Of
SIXTY Gays, and within one year from the ad-
Judleation OF bankruptcy, the bankru pit may
apply TO the court for a discharge from his
debts, and the court shall thereupon order no.
tice TO be given by mail to all or editors who
nave proved their debts, and by publication
at least once a week in such newspapers as
the court shall designate, due regard being
mad to the general circulation of the same in
the district, or in that portion of fhe district in
which the bankrupt and his creditors shall
reside, TO appear on day appointed for that
purpose, and show cause why a discharge
should not be granted TO the bankrupt. No
discharge shall be granted, or, il granted be
valid, If the bankrupt has willfuliy sworn
falsely in his affidavit annexed to his petition,
scneCnIe. or inventory, or upon any examI ma
ton IN the course of the proceedings in bank
ruptcy, IN relation to any material fact con-
ctrniIg his estate or HIS debts, or to any other
material fact; or IL he has concealed any part
OF his estate or effects. or any books or writings
relating thereto. or If he has been guilty of any
fraud or negligenc e in the care, custody, or de-
livery to The assignee OF the properly belong
ing TO him at the time OF the presentation of
MS petition and inventory, excepting such
property as he is permitted to retain under the
provisions of this act, or il he has caused per-
united. or suffered any loss, waste, or destruc.
tlon Thereof; or If within four mon tbs before
the commencement of such proceedings he
has procured his lands, goods, money, or cnat-
tells 10 be attached. sequestered. or seized on
execution; or If. since the passage of this act,
ne has destroyed, mutiiated, altered, or falsi.
fled any of his books, documents, papers,
writings, or securities, or has made or been
prlVy TO the making OF any false or fraudulent
ment, with iNent 10 defraud his creditors;
or has removed or caused to be removed
any part Of his property from the dis
or if he has given any fraudulent
preference contrary TO the provisions
OF TINS act. or made any fraudulent payment
any part OF his property, or has lost any part
thereof In gaming, or has admitted a false or
fictitious debt against his estate or IT, having
knowledge that any person has proved such
false or fctitious debt, he has net disclosed the
same TO his assignee within one month after
such knowledge; or il, being a merchant or
uadesman, ne has not, subseq uently to the pas.
sage OF this act, kept proper books Of account:
or II ne 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 pecu.
mary consideration or obligation; or if he has
In contem DlatiOn of becoming BANKRUPT made
any pledge, payment, transfer, assignment or
conveyance OF any part Of his property, di-
recuy or indirectly, absolutely or condition.
ally, Tor 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 of
being distributed under this act ia satisfaction
OF hts debts; or IL he has been convicted of
any mlsdemeanor under this act, or has been
guilty OF any fraud whatever contrary to tho
true intent OF this act; and before an discharge
is granted, tthe bankrupt shall take and sub
scribe an oath 10 the effect that ne has NOT
done, suffered. or been Privy TO any act mat.
ter, or thing specified in this act as a ground
for Withholding such discharge, or as invaIi-
dating such discharge If granted.
SEC. 3D. Aad be al further enacted, That no
person who shall have been discharged under
his act, and shall afterward become bankrupt
on kIs own application shall be again entitled
10 a discharge whose estate is insufficient to
payseYenty per centum of the debts proved
against IL. unless the assent in writing OF three.
1ourths In value OF his creditors who have
proved their claims is filed at or before the
time OF application for discharge; but a bank.
rupt who shall prove to the satisfaction of the
court that he has paid all the debts owing by
MIN at the time OF any previous bankruptcy,
or VINO has been voluntarily released there.
from by his creditors shall be entitled to a dis.
charge In the same manner and with the same
enect as II he had not previously been bank.
SEC. 81. And be Ifwther enacted. That any
creditor opposing the discharge Of any bank
rnpt may ME specification in writing Of tho
GROUNDS OF his opposition, and the court may
In its discretion order any question Of fact SO
presented to be tried at q stated session Of the
District Court.
SEC. 81. And be it further enacted, That IL
IL shall appear TO the court that the bankrupt
mas IN all things conformed to his duty under
thif ACT, and that be Is entitled, under the pro.
Visions thereof, TO receive q discharge. the
coart shall grant him a discharge from all ms
debts except as hereinafter provided, and shall
give MIN q eertifcate thereof under the seal Of
the court in substance as follows:
District Court OF the United States. Dis.
trict OF Whereas has beep duIv sa
judged bankrupt under the act Of CONGRESS
establishing uniform system of bankruptcy
throughout the United states, and appears to
nave conformed. TO all the req uirements of law
IN ,hat behalf. 1t Is therefore ordered by the
court tnat said be forever discharged from
all debts and claims which by said act are
made provabie against his estate, and which
existed on the day of on which day
The petition for adjudication was filed by Ior
agalhst) him; excepting such debts il any. as
are by SAID act excepted from the operation of
discharge in bankruptcy. Given under NV
hand and the seal OF the court at IN the
said district, this day of All =
(Seal) Judoe