Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-03-20
/. VOLUME. yzXll.-EES:'l2. 81 u !: no;

and file the same, and. .gve.notiee TO the cred
itors of such filing, and shall also give notice
that he. will apply for q. settlement: of IBIS &C.
count and for a dischargefropl all liability as
assignee at lime to be specified in such no.
.ice,. and at such time the eourt shsli audit
and pass the accounts of the -asSispeej and
such assignee shall, if reauiredsbys the Court,
be examined as tn the truth Of sllqh account,
and If found correct he shall thereby he dis
charged from all liability as assignee 10 any
creditor of the bankrupt. The cour,,, shall
thereupon order dividend Of the estate and
effects, or of such part thereof as i, sees lit,
among such of The creditors as hare proved
their claims, in proportion to the respective
amount Of their, said debts. In addition to
all expen' es necessarily incurred by him III
the execution Of his rust in cry case, the as
sgnee shall be entitled to an allowance for
his services in such case on all moneys re-
ceiyed and pail out by him therein. for auy
sum not exceeding one thousand dollars, iyc
per centum thereon; for any larger sum, not
exceeding FIVE Thousand dollars, two and q
half per centum on the excess over five thou.
sand dollars; and if at any :ime thee shall
not be in his hands sufficient amount OF
money to defray the necessary expenses re-
quired for the further execution Of his trast,
he shall not be obliged to proceed therein ua.
til the necessary funds are advanced;or salts.
iactorily secured to him. If by accident,
mistake or other cause, without fault Of the
assignee, either or both of the said second
end 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 as to the validity of the pso-
ceeding< as if the meeting had been duly held.
In tie order for dividend under this section
tle following claims shall be entitled 10 pri.
or;ty or preference, aad 10 be first paid il
full in the following order: 10
Frst-The fees, costs, and dexpenseS cfsniis,
ana the several proceedings in Bankruptcy
under this Act and for the custody, of prop:
crty. as herein provided.
r. Second-All debts due TO the United Stftes,
and all taxes and assessments under the lass
thereof. ,,s5. .Las:l
Thrd-All debts due TO the State III which
the proceedings in bankruptcy a:c pel;dng,
ana al axes aud assessments made under tie
laws Of such Stale.
OF house servant, TO all amount rot exceed
ing $50, labor performed within six months
next preceding tie first publication of The no.
lice OF proceedings in bankruptcy.
Fifth-All debts due TO any person.who,
by the laws Of the United States, are or may
be rnt,lcd to priority or preference in like
manner as if this Act had not been passed;
dl,cays procided, that nothing contained in
this Act shall interfere With the assessment
and collection of taxes by the authority cf
the United States or any State.
OF THE BANxRuPr's Dsc,IARGE5cF AND IT'S
EFFECT. @
SEC 90. Ard b: it further eracted, I'hst
at any time alter tue expiration OF six noaihs
from the adjudication Cf bRnkrnDcy, orif no
debts have been proved against the baukrupt,
or il 10 assets have ccme 20 thcrhards nf he
assignee, at any time aiier therafiratioR OF,
sixty days ami within one year from til. adj
iudicalon of bankruptcy, the bankrupt mny
apply to tine court for discharge from his
bts, aad the court shall thereupon oijcr
soticc TO be given by mail to ailcrcditor, sho
nave proved their debts. aId by publication
Il. least once a'&;eek in such newspapers as
tne court sLal designate, due regard being
aad to the general circulation Of TIC sa;:c ii,
the district, or il, that portion 0. the district
il which the bankrupt and his creditors shsll
reside, 10 appear OIL dag appointed tor TINT
purpose and show canse why Discharge
SD ,u!d not be granted TO the bankrupt. No
discharge shall be- granted. OF. il grated. be
valid if the bankrupt has wii'nlly sworn false.
IL in his affidavit annexed 10 his petition.
schedule or Inventory, or upon any c am
iaat on in tie course Of the procte "a
in bankruptcy, in relation 10 auy 10 eiisl
fic,s concerning bis estate or his debts, or 20
any other materia! fact, or if he ilGs concealed
ANY part of his estate Or cllcc.s, CIR a.y books
o- writings relating thereto, or if he has been
guilty of aay frsud Or negligence in the care,
custody or delivery to the assignee u the
property belonging to him at the Tina o!i tho
prcccn;aion ot his petition and inyen.ory,
excepting suc! property rs he is permitted 70
retain under the provisions OF this Act. or il
he has caused. permitted or Suffered any loss,
waste or destruction tEer-oi; or II, within
four months before the commencement of
such proceedings, h. has procured lis lands,
goods, motley or chatte!s 20 be attached. Sc
ouestered or seized on execution; or it, since
tie passage of this Act he has destroyed, mu.
;iated, altered or faI.fed any Of his books.
documents, papers, writings or securities. Or
has made or been priyy to tie making Of any
f.!scdr fraudulent entry in any book of ac-
cunt or other document, with irtcnt to de-
fraud his creditors; Or has removed or caused
TO be removed, any par; OF his properly from
the district, with intend 10 de!raul hi. crea
sor.; or il; he has given any fraudulent pref
ereace contrary to the provisions Of this Act,
or made any fraudulent payment, gift, transfer,
conveyance or assignment of say part Of his
property, or has lost any part thereof in gau-
lag, or has admitted false or fictitious debt
against his esla'e; or il, having knowledge.
that any person has proved such false OF fcli.
tous debt, he las not di closed the Sc mo 10
his assignee wlltn one mout! after sucl
knowledge; or.;f, being 4 merchant or trades.
man. &c has rot, Subsequently &C. the passage
of th, Ac;, kept proper boolsoi account or
il he, Or any person III BID belalf has pro.
cured the assent Of any creditor to his dis
charge, or influenced the action Of suy credi.
tor at any stage Of the proceedings, by any
pecunary consideration or obligation or if
he has, in contemplation of becoming bank
rupt, made any pledge, payment, transfer, as.
sigument or conveyance OF any part Of his
property, directly or indirectly, absolutely or
cond,tionaily, Tor tie purpose Of pret:rripg
any creditor or person hayinga claim against
him, or who is or lnay 1e under liability for
him, or for the purpose Of prevents g tie
property from coming into the hands Of the
assignee, or of being distributed under this
Act in satisfaction of his debt; or il he has
been convicted Of any misdemeanoT under
this Acl, or has been guilty of any fraud
whatever contrary to the true intent If this
Act; aud before any discharge is eran,cd,
th,. bankrupt shall take and subscribe tn nsth