The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1867-03-29


made within four months next preceding the
commencement of said proceedings Provided,
however, That there shall be excepted the ne
cessary household ard kitchen furniture, and
such other articles and necessaries Of such bank.
rupt the assignee shall designate and set apart,
having reference IN the amount TO tho family con-
dition and circumstances Of tho bankrupt, bnt al
gether not to exceed iu value five hundred dollars;
aud the wearing apparel of such bankrupt and
that Of his wife aud children, and the uniform,
arms aud equipments nt any person who is or has
been soldier in the militia, or in the service 0f the
United states and such other property as now is,
or hereafter shall be, exempted from attachment.
or seizure, or levy on executions, by the laws q
the United States, and such other property not
included in tho foregoing EXCEPTIONS as is exempt
ed from levy and sale upon execution or other
process or order of court, by the laws of the St9e
In which the bankrupt has his don,icil vt the time
Of the commencement of the proceedings in bank
lruptcy, tn an amount not exceeding that allowed
by such State exemption laws in force In the year
1868. And provided further, That no mortgage
Of any vessel or of any other goods or chattleS
made as security for any debt or debts, in good
faith and for prescut considerations and otherwise
valid, and duly recorded, pursuant TO any statute
of the United States or OF any State, shalt bo in
validated or affected hereby and all the property
conveyed by the bankrupt in fraud Of his creditors
| all rights In equity, chooses in action, patents and
patent rights aud copyrights; all debts due him,
or any person for his use, and all liens and securt
tics therefor and all his rights of action for prop
ery or estate, real or personal, and Tor any cause
lot action when the bankrupt nau against huN
peHapn, arising from contract or from the unlawful
taking OF detention, OF injury to the property
Of the bankrupt; aud all his rights OF redeeta-
ing such property or estate, with the like right
title, power md authority to sell, manage, dis
pose of, sue for, and recover ur defend the same,
as the bankrupt might or could have had 1t no
assignment had been made shall be at once vested
in such assignee and he may sue and recover.
No person shall be entitled to maintain action
against an assignee for anything done by him Ns
, assignee, without giving him twenty days notice
of such action, specifying the cause thereof
l5. The assignee may sell the real personal
property for the benefit Of the creditors subject to
the order OF the court.
l6. The assignee may sue in his own name 10
: recover all the bankruuI's estate.
/, IL, The assignee shall deposit separately all
. monies he receives or the court may order tent
ppraty investment thereof In case OF controversy
: arbitrators may be appointed
i is. Assignees u@y DO removed by the court foT
cause.
n 10. All debts due frrm the bankrupt at tho tiue
Of the adjudication aud all debIs then existing but
not PAYABLE until future day, rebate Of interest
being made when no interest is payable by the
terms OF contract, may be proved against the bank
rupt. All demands agOinSt the bankrupt Tor or on
account Of any goods ehuttes wrungtully taken,
I converted or withheld, by him, may be proved
and allowed as debts TO ;hc amount oi the value Of
tnc property taken or withheld, with interest
a IIfthe bankrupt shall BE- bound as drawers in.
ldurse:s surety, bail, guaruntor upon any bill,
+ bond, note or any other specially or contract, or
for any debt of another person, and his liability
shall not have become absolute until after the ad-
Indication OF bankruptcy, the creditor may prove
the same after such liability shall have become
fixed, and before the final dividend snail nave peer
d declared.
n 90 In all cases Of mutual debts or mutual
: credits between the parties, the account between
e them shall be stated, and ono debt set Of
against the other, and the balance only allowed OF
a claim in its nature not provabe against the
Q estate. ,
# 2l. No creditor proving his debt or claim sha
: be allowed to maintain any suit therefor against
!, the bankrupt but shall be deemed to have waived
all right Of suit against the bankrupt and all pro
! ceedinps already commenced, or unsatisted judy
II ments already obtained thereon shalt be deemed
+ to be discharged and surrendered thereby and ne
+ creditor whose debt is proya6le Under this nc
# shall be allowed TO prosecute TO final Judemon
n any suit at law or in equity therefor aga'ns
n tho bankrupt, until the question of the debtor
: discharge eAll have been determined.
+ %. Proofs of debts against a 6ankrupt 10 p'
i made before register or a United States Commia
It 81. the validity Of claims is questioned, proc
n NAV be postponed ill the assignee is chosen.
h "a Creditors appealing 70 the Circuit Court hnai
Is file written statements OF claims
i 25 Perishable articles belonging to the debto'
may be sold by order Of the court, the assigned
s holding the proceeds.
l. 26 lIankrnpts to be examined on oath, md 4
be subject TO the order of the court. wives o
y bank rnpts may be summoned as Witnesses.
10 q. In the distribution Of the bankruprs estate
all creditors shall share pro rata.
& 2S. The hnal dividend to be made AZ the thlr'
meeting of creditors after decision of the case, as
b sipnees receiving percentage Tor their services
e In the order for dividend the following claim
ID shall be entitled 10 priority or preference anu
ct be first paid in full In the following order
y First-The fees, costs and expenses oi SUITS, an
r the several proceedings of bankruptcy under th
act and for the custody of property, as herein pro
NJ vided.
i Second-Al debts due the United States, an
er all taxes and assessments under the law thereof
IS Third-An debts due to the State in which tn
n proceedings in bankruptcy are pending, and
nd taxes and assessments made under the law
Of such State. ,
r, Fourth-Wages due to any operative, clerk, q
ie house servant 10 AN amount not exceeding so
Ia labor performed within six months next procehln
C. the first publication of the notice OF the proceed
so ings in bankruptcy.
l. Finh-All debts due to any persons who, b
n the laws of the United States are or may be emit
t. tied TO a priority or preference in like manne
nj as if this act had not been passed Always pro
10 videl, That nothing contained In tins act Shal
? interfere with the assessment and collection q
is taxes by tue authority Of the United States or an
y State. -.
it 20. A discharged bankrupt is entitled TO publ
o, notice Of his discharge, by letter to creditors OF
e. advertisement in newspapers.
O. 30 No person discharged under this act, an
d, who shall afterward become bankrupt, on his ow
to application shall be again entitled TO a discharge
if his estates insufficient TO pay nty per cehlnl
b. of the debts proved against IT, unless the assent
he writing of three odr'hs in value of his credl.or
T. who have proved their claims is filed at or peior
i'd the time OF application for discharge, but bank
20 rupt who shall prove To the satisfaction ot IN
De Court that he has paid all debts owing by him
DC the time of his previous bankruptcy, or who Ia
4 been Voluntarily released theretrom by his cred
IA itors shall be entitled 10 a discharge in the sam
id manner and with the same effect rs ii he had NJ
r, previously been bankrupt.
r 81. Any creditor opposing the discharge oi an.
e. bankrupt bill may file specification in writing
le the grounds of his opposition, and the court may
r. sened, t. be tried at a stated session Of the DIS
y trict court.
Ii 32 lrit shall appear tn the court that the bank
rupt has in all things cOnf0rped 10 his duty unds
N this ac aud that he is entitled, under tho piovis
ions thereof 10 receive discharge, the oourt ahal
le grant him discharge from all his debts except =
lr hereinafter provided, and snall give him certn
D. cate thereof under the seal OF the eontb IN suo
stance, as folluwsi
,e "DIsrRIoT COuRr oF tue UNITED s1ArEs DIS
:, rRICr OF--, Whereas s---has been duly al
" Judged n bankrupt under the act OF Congress %
- tablishing a uniform system OF bankruItc
e throughout the United States, and appears TO haN
~ cnnformed to all the requirements OF law IN INA
VI behalf il is therefore orGered by the court tha
said--be forever discharged from all debts an'
is claims which, by said acts are made proyaol
~ against his estate, and which existed on the
day of -, on which day the pstitnn for adludi
cation was fled by Tor against) him excepting
such debts if any as are By said act excepted iron
y the operation of discharge in bankruptcy. Giye
~ under my hand aud seal at the court, At ----,
= the said district, this day Of, A. D.
II "[Seal.l - Judge'