Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-22

v,
duly served published shall be waived by the APP
pearance and consent of the debtor, the Court slla
proceed summarily to hear the allegations OF The pen
ton er and debtor and may adjourn the proceeding
from time to time, on good cause shown, and sha
the debtor on the same day so demand IN wiring On
der trial 10y Jury the first of the Court at wllci
Jury shall be in attendance, TO ascertain te TACT
such alledged bankruptcy and If upon sucn nearing ="
trial the debtor proves to the satisfaction me Court
of the jury the may be- that the iacts ser lofl
in the petition not true or that the DEBTOR mas pae
and satisfied all liens upon ms properly, ih case lt
existence of such liens were the sole ground Oh proceed
ing the proceedings hall be dismissed and the respond
SECTIoS A. ana be it T".the' e,,ncfed That if the
facts set forth i'll the petition are found to be true, OF
default made by the debtor to appear pursuant t.
the order upon due proof of service thereof being made
the Court shall adiudge the debtor to he bankrupt
and as SUCH subject TO the provisions of this act al'
shall forthwith issue warrant to take possession OF The
estate of the debtor The warrant shall he directed
and the property OF the debtor shall he taken thereon
and shall be assigned and distributed in the same man
ner and with similar proceedings to those hercinbciorc
provided ion the taking possessl9 asSsillei, ailo
distribution of the property OF the debtor upon ms own
petition The order OF adjudication OF bankruptcy shall
require the bankrupt forthwith or within such hllnhel
of ars not exceeding five after the date of the order ol
notice thereof shall by the order he prescribed to
make and deliver transmit by mall postpaid to the
messenger schedule of the creditors AMI inventory
of his estate in the FORM and verified i'll the manner
required petitonng debtor by section thirteen II
the debtor has failed TO appear in person. or by attot
new certified copy of the adjudication shall be forth
with served on him by delivery publication III the
herein before provided for the service OF The
order to show cause and II the bankrupt H absent OF
cannot found such schedule and inventory shall be
best information they can obtain II thc ncttlonlhe
creditor shall not appear and proceed on the return
ton of any other creditor TO the required amount PR"
coed TO adiudcae such petition without requiring d
new service publication OF notice 10 the debtor.
or sr-PERCEDING THE BANKErrr PROCEEDINGS BY Ar
RANGEMENT.
SECTION A. ina ne IL r,tt1hc5 t7nfcd That if at the
first meeting of creditors or at auY meeting of credit
pT to be specially called lor that purpose AMI Of Which
previous notice shall have been given or such length
of time and Ill such manner as the Court may direct
al Inc
been proved shall determine and resolve mat IL Is lUl
The interest of the general body OF the creditors that the
estate of the bankrupt should he wound up and settled,
and distribution made among The creditors hv trustees,
under the inspection and direction OF Il committee Of
isfy and report such resolution TO the Court and to
inmate one OF more trustees TO take AMI holt and dis
tribute the estate, under the direction of such commit
tee. If II shall appear 10 the Court after hearing tile
bankrupt AMI such creditors as may desire 10 be heard
that The resolution duly passed and that the inter
estS Of the creditors will he promoted thereby 1t shall
confirm the same and upon The execution and filing
by or on behalf OF CfUurS i'll value of all the cred
iios whose claims have been proved Of consent that
the estate OF the bankrupt he wound up and settled by
the bankrupt OF Ills assignee Ill phluptCY appointed
as the may be- shall, under the direction Of the
Court and under oath, convey, transfer, and deliver ali
the property anu estate Ol inc bankrupt 10 Tue SAID
trustee trustees who shall, upon such conveyance
and transfer, have and hold the same i'll the
nGr and with the same powers and rights III all re-
speCtS as the bankrupt would have had or held the
same if proceedings in bankruptcy had been taken
OF as the assignee i'll bankruptcy would have done had
such resolution not been passed and such consent and
the proceedings thcrCundCr shall he as binding i'll all
respects ON any creditor whose debt is provabc, who
has not signed the same if lie had signed it, and on
any creditor whose debt If prOvable Is not proved, as
if he had proved it and the Court by order shall Ill
rect all acts and things nee,lu to be done carry into
effect such resolution of the creditors and the said
tees shall proceed to wind up and settle the estate under
the direction and inspection OF such committee OF the
creditors, for the equal benefit of all such creditors AMI
the winding up and settlement of any estate under the
provisions of this section shall be deemed to he pro-
CeeCingS bankruptcy under this act and the said
trustees shall have all ;he rights and powers of assign
ceS i'll bankruptcy. The Court, on the application O
such trustees, shall have power TO summon and exam
me- Oh oath otherwise, the bankrupt, and any cred
ior and any person indebted to the estate, known
suspected OF having any of the estate III his posses
sion, any other person whose examination HAY ht
ton of their trust, to compel the attendance OF then
trust, and to compel the attendance OF such persons
and the production OF books anu papers ia The same
manner as In other proceedings IN bankruptcy under
this act and the bankrupt shall have the like right ~
apply for and obtain discharge after the passage O
such resolution and the appointment of such trustees
if such resolution had not been passed. and II all the
proceedings had COI%nued i'll the manner provided in
the preceding sections OF this act. If the resolution
shall not be duly reported or the consent of the credit
Ors shall not be duly filed, it. upon its filing the
Court shall not think fit approve thereof the bank
ruptcy shall proceed though resolution had been
passed. and the Court may make all necessary orders
Or rcsuming the proceedings And the period of time
which shall have elapsed between the date of the reso
luton and the date Of the order for assuming proceed
ing shall not be reckOned Ill calculating periods of time
prescribed by this act.
PENALTIES AGAINST BANKRUITs
SECTION A. and be il Jt1tte enacted That from and
after the passage of this act if any debtor bankrupt
shall, after the commencement of proceedings IN bank
rupCy SeCrete or conceal any property belonging tC
his estate part with conceal, destroy, alter, mutt
late OF 1alsiy or cause to be concealed destroyed al
tered mutlated falsited, any book, deed document
writing relating thereto, or remove cause to be
removed the same or any part thereof out of the dis
riCt otherwise dispose OF any part thereof with i'll
tent tOpreVent 1t from coming INTO the possession 0
the assignee in bankruptcy, to hinder, impede
or make any payment gift, sale, assignment, transfer
conveyance of any property belonging C his estate
with the like INTENT or spends any part thereof i'll
ming SHALL with intent to detraud, Wilully and
audulenty conceal from his assignee or omit from Ills
schedule any property or effects whatsoever; or if in
OF any person having to his knowledge or belief
proved false or fictitious debt against his estate, he
shall fail to disclose the same to his assignee within one
month after coming to the knowledge or belief thereof
shall attempt to account for any OF his property by
fictitious losses or expenses; or SHALL within three
months before the commencement of proceedings in
bankruptcy under the false color and pretence OF
rying business and dealing in the ordinary
trade obtain credit from any person any goods or
chatelS with intent to defraud; shall, with intent
to defraud his creditors, within three months be-
fore the commencement of proceedings in bankruptcy
pawn, pledge, or dispose OF otherwise than by bona e
transactions in the ordinary way of his trade any
his goods chattels which have been obtained credit
and remain unpaid for he shall be deemed guilty 0f
miSdemeanOr and upon conviction thereof in any Court
of the United States, shall be punished by imprisOn-
ment, with without hard labor for term exceed
ing three years.
PENALTIES AGAINST OFFICERS.
SECTION 45. i1d De il ftnftef eIL0Cted That il any
Judge, register, clerk marshal messenger assignee,
SHALL for anything done ur pretended to be done under
this act under color of doing anything thcrcunder
Wlltuly demand or take, or appoint OF allow any per
son whatever to take iOr linn his account Of for,
OF on account of any other pcrSon or i'll trust for him
or Tor any other person. any fec clnOlument, gratuy,
sum OF money or anything of value whatever, other
than is allowed 10y this act or which shall he allowed
under the authority thereof such person, when CON
VlCed thereof shall forfeit anu pay the sum OF not less
than $500, and not exceeding $500, and he imprisoned
not exceeding three years.
SECTION 40. AItd be fliher e,,nctcd, That if any
person shall forge the signature of Judge, Register
other officer of the Court shall forge counterfeit
the seal OF the Courts or knowingly concur using
any such forged or counterfeit signature seal for the
purpose OF authentlCang any proceeding document
or shall tender In evidence any such proceeding
document with false CopTterfeit signature OF any
such Judge Register, other officer false Cuu1
teTeit seal OF the Court subscribed attached thereto
knowing such signature seal to be false counter
felt any such person shall be guilty OF felony, and upon
conviction thereof shall be liable to fine of not loss
than $780, and not more than $1,000. and 10 he i'm
priSoned not exceeding five years, at the discretion o.
the Court.
FINES AND COSTS
SECTION j. tt0 De It FtpJtc4 eftUCitd That i'll each
case there shall be allowed and paid addition TO the
fees OF the Clerk OF the Court as now established lac
law, may be established by general order under
the provisions of this act for fees i'll tr
following fees, which shalt be applied to the
for the services ol the Registers:
For Issuing every warrant s..
For each day in which meeting Is held. -.
ia Hi