Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-27

that purpose, and 81 which previous notice
shall have been given for such Length Of time
and in such manner as thescOurt may direct,
| three-fourths in yalne of the creditors whose
claims have been proved shall determine and
resolve that it is for the interest OF the gene
raj body of the creditors that the estate OF the
bankrupt should be wound up and settled,
and distribution made among the creditors by
trustees, under the inspection and direction
OF a committee Of the creditors, it shall be
lawful for the creditors to certify and report
such resolution to the court, and to nominate
one or more trustees to take and hold and dis
tribute the estate under the direction of such
committee. IF it shall appear to the court,
after hearing the bankrupt and such credit
Ors as may desire to he heard, that the reso-
luton was duly passed, and that the interest
of the creditors will be promoted thereby. 1T
| shall confirm the same and upon the execu-
ton and filing, by or on behalf of three-fourths
in value of all the creditors whose claims
have been proved, of consent that the estate
of the bankrupt be wound up and settled by
said trustees according to the terms of such
resolution, the bankrupt, or his assignee in
bankruptcy, if appointed as the case may be,
shall, under the direction of the court, and
under oath, convey, transfer, and deliver all
the property and estate of the bankrupt to
the said trustee or trustees, who shall, upon
such conveyance and transfer, have and hold
the same in the same manner, and with the
same powers and rights, in all respects, as the
bankrupt would have had or held the same as
if proceedings in bankruptcy had been taken
or the assignee in bankruptcy would have
done had such resolutions not been passed :
and such consent and the proceedings there
under shall be as binding in all respects on
any creditor whose debt is provable, who has
not signed the same, if he had signed it,
and any creditor, whose debt, if provable
is not proved, as if he had proved ii and
the court, by order, shall direct all acts and
things needful to be done to carry into effect
such resolution of the creditors, and said
trustees 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. and the
winding up and settlement of any cstateunder
the provisions of this section shall be deemed
to be proceedings i'll bankruptcy under this
act and the said trustee shall have all the
rights and powers of assignees in bankruptcy.
The court, on application of such trustees.
shall have power to summon and examine.
on oath or otherwise, the bankrupt and any
creditor, and any person indebted to the
tate, or known or suspected of having any OF
the estate in his possession. or any other per
son whose examination NAV be ma terial or
necessary to aid the trustees in the execution
of their trust, and to compel the attendance
of such persons and the production of books
and papers in the same manner in other
proceedings in bankruptcy under this act
and the bankrupt shall have the like right
to apply for and obtain discharge after the
passage of such resolution and the appoint
ment of such trustees if such resolution
had not been passed and as if all the pro-
ceedngs had continued in the manner proyi-
cd in be Of
If the resolution shall not be duly reported
or the consent of the creditors shall not be
duly filed or if, upon its filing, the court
shall not think fit to approve thereof. the
bankruptcy shall proceed as though no rcsO-
luton had been passed. and the court may
make all necessary orders for resumng the
proceedings. And the period of time which
shall have elapsed between the date of the
resolution and the date of the order for re
suming proceedings shall not he reckonci in
calculating periods of time prescribed hv this
act.
PENALTIES AGAINST BANKRUPTS.
SEC. II. ind be il FURTHER enQcfed. That
from and after the passage of this act. if any
debtor or bankrupt shall, after the commence
ment Of proceedings in bankruptcy. sccrcte
or conceal any property belonging 20 hi e.
tate, or part with, conceal, or DESTROY, alter.
mutilate. or 1alsify, or cause to bc concealed,
destroyed, altered mutilatcd. or ialsiiied. any
book deed, document, or writing relating
thereto, or remove, or cause to be removed.
the same or any part thereof, out OF the dis
trict, or otherwise dispose Of any part there
of, with intent to prevent it from coming
into the possession of the assignee in bank-
ruptcy, or to hinder, impede. or delay either
of them III recovering or receiving the same,
or make any payment, gift. sale assignment,
transfer, or conveyance Of any property be
longing to his estate with the like intent. or
spends any part thereof IN gaming or shall. |
with intent to defraud. wifully and fraudu- |
lentlv conceal from his assignee or omit from
his schedule any property effects whatso- |
ever +; or if, in case of any person having, to |
his knowledge or belief, proved false ficti- |
tious debt against his estate, lie shall fail to !
disclose the same 10 his assignee within one
month after coming to the knowledge or be /
lief thereof, shall attempt to account for
any of his property by fictitious losses or cx-
pcnses or shall. within three months before
the commencement of proceedings in bank
ruptcy, under the false color and lretense of /
carrying on business and dealing in the ordi-
nary course of trade. obtain on credit from
any person any goods or chattels with intent |
to defraud shall, with intent 10 dcfraud |
his creditors, within three months next be
lore the commencement Of proceedings in
bankruptcy, pawn. pledge, or dispose Of, 9th
erwise than by bona fdc transaction in the
ordinary way of his trade, amy of his goods
,r chattels which have been obtained on cred
t and remain unpaid for, he shall he deemed
guilty of a misdemeanor, and upon conviction
hereof in any court of the United States. shall
De punished by imprisonment with or with
'ut hards for term not exceeding three
Tears.
PENALTIES AGAINST OFFICERS.
SEC. 40. And be 1t further eaacted. That
f any judge, register, clerk, marshal mes
enger, assignee. or any other officer of the
everal courts of bankruptcy. shall. for any
hing done or pretended to he done under
his act, under color of doing ANYTHING
wilfully demand or take, or ap-
'oint or allow any person whatever to take for
i'm or on his account or for or on account
f any other person, in trust for him or for
ny other person, any fee, emolument, gr;,-
ulty, sum OF money, or anything of value
whatever, other than is allowed by this act
+ which shall be allowed under the authori-
y thereof, such person, when convicted
hereof, shall forfeit and pay the sum Of not
ess than three hundred dollars ard not ex-
eeding five hundred dollars, and he imlris- ,
ned not exceeding three years.
SEC. 46. And he ii further enacted. That if
ny person shall forge the signature of Il
Idge, register, or other officer of the court {
r shall forge or counterfeit the seal OF the
curt, knowingly concur in using any +
nch forged or counterfeit signature or
f.xV-t Il