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

dollars, labor performed WITHIN SIX months next
preceding the first publication OF the notice OF
proceeding in bankruptcy.
| FUtL-An debts due to any persons who, by the
laws OF the United States, are or may be entitled
to a priority or preference, i'll like manner as
if this act had not been passed Al1cGyS E%p-
rided That nothing contained in this act shall
interfere with the assessment and collection of
taxes by the authority of the United States or any
! State.
! OF THE DANKRUPT's DISCHARGE AND ITS EFFECT.
SECTION %. And be al further enacted, That at
any time after the expiration of six months from
| the adjudication of bankruptcy, or ii no debts
have been proved against the bankrupt, or II no
| assets have come to the hands of the assignee at
any time after the expiration of sixty days, and
within one year from the adjudication Of bank
ruptcy, the bankrupt may apply to the Court for q
discharge from his debts; and tho Court shall
thereupon order notice to be given by mail to all
creditors who have proved their debts, and by
publication at least once week III such newspa-
pers as the Court shall designate, due regard be-
ing had to the general circulation of tho same In
the district, in that portion of the district in
which the bankrupt and his creditors shall reside,
to appear on a day appointed for that purpose,
and show cause why discharge should not be
granted to the bankrupt. No discharge shall be
grante;fds or If granted be valid II the bankrupt
to his petition, schedule, or inventory or upon any
examination in the course Of the proceedings in
bankruptcy, in relation to any material facts con-
corning his estate or his debts, or to any other
material fact; or if he has concealed any part of
his estate or effects or any books or writings re-
fraud or negligence in the care, custody, or deliv-
cry to the assignee of tho property belonging to
him at the time of the presentation of his petit.
ton and inventory, excepting such property as he
is permitted to retain under the provisions of this
act, or If he has caused permitted, or suffered
any loss, waste, destruction thereof; or if,
within four months before the commencement of
sucn proceedings, he has procured his lands
goods, moneys or chattels to be attached, seques-
tered. or seized on execution if since the pas
sage of this act, he has DESTROYED mutilated al
of hpnk OpT1fa
papers, writings. or securities, or has made or
been privy to the making OF any false or fraudu-
lent entry in any book of account or other docu-
mert, with intent to defraud his creditors or has
removed or caused to be removed any part of his
property from the district with intent to defraud
his creditors !; or if he has given any fraudulent
preference contrary to the provisions of this act,
or made any fraudulent payment, gift, transfer,
conveyance, or assignment of any part of his
property, or has lost any part thereof in gaming,
or has admitted false or fictitious debt against
his estate or it, having knowledge that any per-
son has proved such false or fictitious debt he has
not disclosed tho same to his assignee within one
month after such knowledge or if, being mer-
cha1It on tradesman he has not subsequently to
the passage of this act, kept proper books of &C
count; or II he or any person in his behalf, has
procured the assent Of any creditor to the dis
charge, influenced the action of any creditor at
any stage of the proceeding by any pecuniary
consideration or obligation or il he has, in con-
temptation of becoming bankrupt, made any
pledge payment, transfer, assignment, or con-
veyance of any part Of his property, directly or
I
pose OF preferring any creditor or person having
a 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 CT being distributed under this act in
satisfaction of his debts; or il he has been con-
victed of any misdemeanor under this act or has
been guilty of any fraud whatever contrary to the
true intent Of this act and before any discharge
is granted, the bankrupt shall take and subscribe
an oath to the effect that he has not done. suf-
fered, or been privy to any act, matter, or thing
q.
such discharge or as lnyalldating such discharge,
if granted.
SECTION 80. 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 to dis
charge whose estate is insufficient to pay seventy
per centum Of the debt proved against it, unless
the assent in writing of threefourths in value of
his creditors who have proved their claims is filed
at or before the time of application for discharge;
but q bankrupt who shall prove to the satisfac-
ton OF the Court that he has paid all the debts
owing by him at the time Of any previous bank
ruptcy, who has been voluntarily released
thereIrom by his creditors, shall be entitled to a
discharge in the same manner and with the same
effect as if he had not previously been bankrupt.
SECTION 81. And De ii further enacted, That
any creditor opposing the discharge of any bank
rupt may file specification in writing OF the
grounds of his opposition, and the Court may in
its discretion, order any question OF fact pre-
sented to be tried at stated session OF tho Dis
trict Court.
SECTION SO. Ind be ii further enacted, That if
in all things conformed to his duty under this act,
and that he is entitled under the provisions there
| OF, to receive discharge, the Court shall grant
him a discharge from all his debts except as here
| matter provided, and shall give him certificate
thereof under the seal of the Court, in substance
| as follows:
DISTRICT COURT OF THE UNITED STATEs.-DIs-
TRIcT OF --.-Whereas, - has been duly
adjudged bankrupt under the act Of Congress
establishing uniform system OF bankruptcy
| throughout the United States and appears to have
| t,la al
behalf, 1t 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 -- on which day the petition for adju-
dication was filed by (or against) him; excepting
such debts, if any, as are by said act excepted
from the operation of u discharge in bankruptcy.
Given under my hand snd the seal Of the Court at
A. D.. III VIC ''l0 'l''l-0'' 'lll' 0A' V
(Seal) , Judge.
SECTION SO. Ind be ii further enacted, That no
debt created by the fraud or embezzlement OF
| the bankrupt or by his defalcation az public
officer or While acting in any fduciary character,
shall be discharged under this act but the debt
may be proved and the dividend thereon shall BIO
| a payment on account Of said debt ; and no dis
charge granted under this act shall release, dis
charge or effect any person liable for the same
| debt for with the bankrupt either as partner,
joint contractor, endorser, surety, otherwise
! [And in all proceedings in bankruptcy commenc-
ed after one year from the time this act shall go
into operation discharge shall Ee granted to q
Of the claims against his estate, unless the assent
+! i'll writing Of majority in number and value of
his creditors who have proved their claims is filed
in the at before the time of application for
discharged
SECTION 81. And be it further enacted, That
discharge duly granted under this act shall, with
the exception aforesaid release the bankrupt from
all debts, claims, liabilities and demands which
were might have been proved against his
tate in bankruptcy, and may be pleaded, by a
simple averment that on the day Of its date such
discharge granted to him, setting the same
forth in hoPc Ce1'b0 full and complete bar to
all suits brought on any such debts, claims, habl-
tiles. demands and the certificate shall be con-
elusive evidence in favor of such bankrupt of the
| fact and the regularity of such discharge ALlodys
| proUtded, That any creditor creditors Of said
| bankrupt, whose debt was proved or provabe
| against the estate in bankruptcy, who shall see
fit to contest the validity of said discharge on the
! ground that it was fraudlently obtained, may, at
any time within two years after the date thereof,
| apply to the Court which granted it to set aside
and annul the same. Said application shall be in
writing, shel specify which, in particular, OF the
several acts mentioned in section tWenty-nlne 1T Is
intended to give evidence of against the bankrupt,
| setting forth the grounds of avoidance, and no
evidence shall be admitted to any other Of said
acts, bnt said application shall be subject to