Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-21

pledge, payment transfer, assignment or con
veyanee Of any part OF his property, directly OF
! indirectly. absolutely or eondinonaliy. for the
purpose Of preferring any creditor or person
having claim against him, or who is OF may be
under liability for him, or for the purpose OF pre-
venting the property from coming lnto the ha1ds
of the assignee, or of being distributed Under
this act in satisfaction Of his debts or If ne has
been convicted Of any misdemean0r under thi;
act. or has been guilty Of any fraud Whatever
contrary to the true intent Of this act; and be
fore any discharge Is granted. the bankrupt shall
take and subscribe an oath 10 the effect that ne
has not done, suffered, or been prfvy to any act.
matter, or thing specified IN this act as ground
for Withholding such discharge. or IS iaTaiida
ting such discharge IL granted.
Sec. 50. And be II further enacted. That no
person who shall have been discharged under
this act. and shall afterwards become bankrupt,
on his own application shall be again entitled O.
a discharge whose estate is insufficient % pay
seventy per centum Of the debts proved against
it. unless the assent in writing Of three-i0urths
N value OF his creditors who have proved Their
claims is filed at or before the time Of applica
ton for discharge but a bankrupt who shall
prove 10 the satisfaction sf the cOu-ethat he has
paid all the debts owing by him at the time Of
any previous ban kruptcy, or who has been vol
unfairly released therefrOm BY his creditors.
shall be entitled to discharge in the sans
manner and with the same effect as if he had
not previously been bankrupt.
Sec. 81 And be it further enacted. That any
creditor opposing the discharge OF any bankrupt
may file a specification in writing of the grounts
of his opposition. and the court may nits discrs-
tiOn order any question OF fact SO presented 10
be tried at a stated session of the District
Court
Sec. 81 And be it further enacted. That if IL
shall appear to the court that the bankrupt
has in all things cOnformed to his duty under
this act and that he is entitled under the pro
visions thereof. to receive n discharge. the court
shall grant him discharge from al his debts
except IS hereinafter provided, and shall give
him a certificate thereof under the seal OF tbs
court, in substance as follows
District Court OF the United States. District
Of Whereas has been duly adjudged a
bankrupt under the act Of Congress establishing
q uniform system Of bankruptcy throughout the
United States, and appears to have e0nforned
to al the requirements Of law IN that behalf, it
is therefore ordered by the court that said be
forever discharged from all debts and claims
which by said act are made provable against his
estate, and which existed on the day Of 4.
on which day the petition for adjudication was
filed byAOr againsD him; excepting such debts.
if any. as are by said act excepted from the
operation of discharge in bankruptcy. Given
under my hand and the seal of the court at .,
in the said district this day Of A. ID,
(SeaD Judge.
Sec SO. And be it further enacted. That no
debt created By the fraud or embezzlement 9th
bankrupt. or BY his defalcatiOn as a public of
Ger, OF while acting in any hSuciary character.
shall be discharged under this act but the debt
may be proved. and the dividend thereon shall
be a payment on account OF said debt; and no
discharge granted under this act shall re-
the same debt for or with the bankrupt. either
partner. joint contractor. endorseT, surety. or
otherwise. Andsjn all proceedings in bankruptcy
commenced after one year from the time this act
shall go into operation, no discharge shall be
granted TO q debtor whose assets do not pay htty
per eentum Of the claims against his estate. un-
less the assent in writing Of majority IN num-
Der and value of his creditors who have proved
their claims is filed in the case at or before the
time Of application for discharge.
Sec a. And be Il further enacted. That dis
charge duly granted under this act 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 pleaded,
by simple averment that on the day Of ITS date
such discharge was granted TO him, setting the
same forth in hRe verba, as full and complete
bar TO all suits brought on any such debts,
claims, liabilities, or demands, and the eertlh
cate shall be conclusive evidence IN favor OF such
bankrupt of the fact and lthel regnlarlty OF
such discharge: Always provided. That any
creditor or creditors Of said bankrupt, whose
debt was proved or provable against the estate
in sgnkreptcy., who shall ant 70 contest me
validity Of said discharge on the ground that It
was fraudulently obtained, may. at any time
within two years after the date thereof, apply %
the court which grated il to set lside aud annul
the same Said application shall be IN writing.
shall specify which, in particular, of the several
acts mentioned in section twenty-nlne1t IS IN
tended to give evidence of against the bankrupt,
setting forth the grounds of avoidance and no
said acts but said application shall be subject
to amendment at the discretion OF the court;
The court shall cause reasonable notice OF sald
application to be given to said bankrupt ana OF
der him to appear and answer the same, within
such time as to the court may deem ct and prop
err IT, upon the hearing Of said parties, the
court shall find that the fraudulent acts, OF any
of them, set forth as aforesaid By said creditor
or creditors against the bankrupt are
proved and that said creditor or credit
Ors had no knowledge of the same until
after the granting of said discharge. judgment
shall be given in favor Of said creditor or credit
ors ana the discharge Of said bankrupt shall be
set aside and annulled. But II said court 5laAl
hnd that said fraudulent acts and all OF them
set forth as aforesaid. ars not proved. or that
they we're known to said creditor or creditors
before the granting Of said discharge, then
judgment shall be rendered IN iaynr OF th5
bankrupt, and the validity Of hisdischarge shall
not be affected by said proceedings.
PREFERENCES AND FRAUDULENT CoyVEYAECEs
DECLARED voGD.
See. 35 And be it further enacted. That il any
person. being insOlyent. or in contemplation oil
insolvency. within four months before the Hing
fthe petition by or against him, with view %
give preference 10 any creditor OF person hav-
ing claim against him or who is under any
liability for him, procures any part Of his prop
erty to be attached, sequestered, or seized on
execution, OF makes any payment, pledge, as
sikument transfer, or conveyance of any part
Of his property. either directly or in
directly, absolutely or cOnditiOnally, the person
transfer or conveyance OF TO be benefited there
BY or by such attachment, having reasonable
cause to believe such person IS insoiyent, and
that such attachment, payment, pledge. assign
ment, or cOnVeyance. IS made in fraud OF The
provisions Of this act, the same shall be void,
and the assignee may recover the property on
the value of it. from the person so receiving it.
OF 90 to be benefited; and II any person being
bankruptcy, within six months before the hiinss
Of the petition by or against him, makes any
payment, sale, assignment, transfer. COW
Or other disposition OF any par or ms properly
to any person who then has reasonable
cause 10 believe him 70 be insOlvent. or
TO be acting in contemplation OF lnsol-
assignment. transfer. or other convey
ance is made with view to prevent
his property from coming TO his as
signee in bankruptcy. or TO- prevent u,
% defeat the object of. or in any way impair
hinder, impede. or delay the operation and
effect Of or 10 eyade any Of the PROVISIONS Of INT
act, the sale. assignment, transfer. or. convey
ance shall be void, and the assignee may recover
the property or the value thereof, a5 assets Ol
the bankrupt. And If such SALE assignment
transfer, or conveyance is not made m ths qsua
and ordinary course Of business OF the deDtOt
the fact shall be prima facie evidence OF traud
Any contract, covenant, or security made 0l
given by q bankrupt or other person With' or il
trust for any creditor. for securing the payment
| Of any money as a consideration for or with in
| tent to induce the creditor % fOrbear opposing
the application for discharge Of the bankrupt
| shall be void and IL any creditor shall OBTAIN
| any sum Of money or other goods, chattels, Ol
| security from any person ns an inducement iol
| fOrDearing to oppose, 0g cOnsentlng 20 suca ~
plication for discharge, every creditor so onend
ing shall forfeit all right to any share or diyldsnd
| ia the estate Of the bankrupt. and snail ~ z
fprfeit double the value or amount OF SUI
| money, goods. ehattels, or security so 9btainsl
! to be recovered by the assignee for the benent
| the estate
| sAEKRUPTCY OF PARTNERsHIP5 AND % 'oRF"
| RATIONs.
/ See. 36. And be il further enacted lhat Ehsi
| tvgo ar more persons who are partners ~ Thd'
| shaIl be adjudged bankrupt. either on the peti
| tiOu Of such partners. or any one OF them, OF oi
| the petitiOn Of any creditor OF the partners,
| warrant shall issue in the manner pT0vided bi
/ fhis act upon which all the joint stock ana pro
/ nerty OF the eopartnership. and also all tE'
| separate estate Of each Of the partners shah b
| taken excepting such parts thereof As ar
| b reinbsfors excepted and all the creditors o
The company, and the separate cred ltOr8 0i sacf
| partner shall be allowed 20 prove their respect
| I've debts: and the assignee shall be chosen bi
| the creditors Of the company, Rnd shall ais
keen separate accounts Of the joint stock or pro
| estate Of each member thereof: and aitsr de
/ ductinR out Of the whole amount received b
| such assignee the whole Of the expenses and dis
| bursensnts, the net proceeds 81 the joint atOei
| shall bsappr0priated 20 pay the creditors Ot th
copartnership, and the net prOceeds Of the Icpa
/ rate estate Of each partner shall be APRON
/ ated to pay his separate creditors: and II ther
| shsll be any balance u the separate astEis Q
! any partner, after she payment Of has sepaTai
debts such balance shall be added 20 the JON
| stock for the payment Of the joint creditors
| and IL theFe shall be any balance Of the ioiu