New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-05


Sections 49, and ~ provide that persons absent
10 forcta the legal service OF just and proved claims
against them 10 have their property proceeded upon
nj the demands " creditors who are to follow inc bc
measures they would were tho bankruptcy upon fou'
Wch case service OF due notice upon such debtor TO
appear to be made in the Way either by le'9hl
waiting upon by publication, as Is now pursued III
specified causing tho claims To go against hlm Dy ueIau'
which can afeIward be remedied for cause shown o,
Ing OF creditors TO be specially called for that purpose
ana Of wco Precious o o s NAV rcet
I'm value OF the creditors shall resolve that for the IN
ere az inc general body Of the creditors that the estate
Of the bankrupt should be wound up and settled. and
distribution made, It shall be lawful for the creditors 70
nominate one or more Trustees take and hold and dis
tribute the estate under the direction OF such Committee
Ipt and sh creditors as may desire TO be heard that
The resolution was duly passed and that the interests OF
Inc same: and npon the execution and filing by or on
behalf OF threeourhs In volue OF all the creditors whose
fate OF the bankrupt 10 wound up and settled
by said trustees according to the terms OF such re-
solution the bankrupt or his assignee IA Dankrnpey II
appointed, the may be, SHALL under the direction
OF tho Court, and under oath, convey, transfer
and deliver all tho property and estate OF the BANKRUPT
the said trustee trustees who SHALL upon such convey
ance and transfer have and hold the same ia te sas
respects. the bankrupt would have had or held the
no proceedings 10 Daikrupey htd ocGil ,aT h
or ~ the assignee IA bankruptcy would nave zone na
such resolution not been passed; ana sch consent anu
he Hereunder,
respects any creditor whose debt Is pr9yaDe VINO s
moi signed the same If he had signed it, and on any
had proved III and tho court by order shall direct all
acts and things needful to be done TO carr INTO erect
such resolution Of the credtors and the sd trustees
shall proceed TO wlhu UP ahu seie INC cS'd.c h
direction aud inspection Of such committee OF the creut
winding mn and settlement Of any under the pro-
visions Of this section shall lie deemed 10 be proceedings
have al tire rights aud powers or assgnces IN bank
ruptcy. The court on the application OF sich
trustees, shall have power IL summon and examine,
oath otherwise, the bankrupt and any creditor,
aud any pcrson indebted to the estate. or known or
suspected of having Of the estate In his pos5essph
any other person whose eNaLnnaiion may De matl4
or necessary To aid the trustees In the execution Oh thc
trust and To compel the attendance OF such persons ana
the production Of books and papers, In the same hne
rs i'm other proceedings in bankruptcy under this act and
the bankrupt shall have the Ike right to Apply FOR ana
obtain discharge after the passage Of such resolution
and the appointment OF such trustees as II such rf0'
tion had not been passed and rs If all the proceedings
had continued the same manner provided IN the pr
ccdlng sections Of this act, If the resolution sa MOI nc
duly reported or the Of the creditors shall not he
duly fled or IT, upon its Cling the Court shall not thh x
lit 10 approve thereof the bankruptcy SHAH roccr as ~
no resolution had passed. and the Court may make all
necessary for resumng the proceedings Ana mo
period of time which shan nave eia-ed Dst"cel u
of the resolution and the date of the order Tor assuming
proceeding shall not be reckoncd In calculating periods OF
section a proy'l that from and after tho passage OF
this act N any debtor OF bankrupt shall ater inc com
mcnccirnt pro c,dihg In bankruptcy sccrete or con
zeal any property belonging to his estate, or part WIN.
bc conceded destroyed, altered, municd or fasihcd
any book. deed, docucui or writing relating thereto OF
thereof with intent g. prevent u from coming INTO Tie
possession ~ the asN,c In bankruptcy OF To hinder,
impede or delay either Of them n recovering or recNng
tho same or make any ymeui, glft, sale, nS5Eumch,
conveyance 81 property belonging 10 IFS
with the like intent spends any part thcIcI IN
gaming or shall, with ~, MT 70 dcfvlud, viinuy
OF fraudulcnty conceal fr0u! bis assignee, OF oLt
from his schedule. any property or effects what
sOevcI; II, IN case 81 any person ha'lng'
To Li, KNOWLEDGE or belief proved falso or
fictitious dcb against his estate no shall fail 10 DIS
close The same to his assignee within one month after
coming 10 the knowledge belief thereof or sha at
tempt 20 account for any Of his property by tcliuOA
LOSSES or Npcu-cs; shall within three months before
the commencement ~ proceedings IA bankruptcy. undcr
tho false color prcicuse 81 carrying on business aud
dealings u the ordinary course OF trade obtain on credit
from any pcr.On goods or chattc- with nlct 10 DC
fraud h- CREDITOR within three mouths next before the
commencement of proceedings In bankruptcy, pawn
pledge OF pose Of otherwise than by bOT tde trans
actions I'm the ordinary way 81 hi trade, auy ~ his goods
on chattos which have been obtained on credit ana re
main unpaid Tor, he shall De deemed guilty OF nh-le-
ucannr and upon conviction thereof u amy court ~ the
United -tutc. shall bc punished hyImprt."umrut WITH or
without hard labor, Tor term not exceeding 'c years
Sections 81 &C. g. g. a. and 80 provd" for the pinhh-
Of officer q The court Who act wrongly WIN iutn-
ton iu bankruptcy proceeding, with fine uof Jess Than
500 on more THAN $500 and FOR imprisonment for less ai
five years Also provide The same puuShmcut Tor mai
f,u-luoo the part ~ all persons who tui forge or
cause br forged knowingly allow the forgery OF any
sea 81, commission Of either the judge, register OF who
sl be- guilty Of any criminal action or kEoWlc'ge In tho
urn,ocatiou 81 any false commission or documents OF
ilIkuIitcy in favor 81 any T1rlcs Also, the same
schedule ~ fees for legal service Sc 4, provided rs now
obtain proceedings in the courts OF the United stitcs
If pfIl q iii Al a.