Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1867-03-22

"a. Creditors appealing to the Circuit
Court shall file written statements of claims.
25. Perishable articles belonging to the
debtor may be sold by order of the court,
the assignee holding the proceeds.
20. Bankrupt to be examined on oath,
and to be subject to the order of the court.
Wives of baukrupts may be summoned as
witnesses.
27. In the distribution of the bankrupt's
estate. all creditors shall share pro rata.
%. The final dividend to te made at the
third meeting of creditors after decision of
the case, assignees receiving a percentage
for their services. In the order for a divi-
dend the following claims shall be entitled
to priority or preference, and to be first
paid in full in the following order:
Fsrst.-The fees, costs and expenses Of
su''s' and the several proceedings in bank
ruptcy under this act, and for the custody
OF property, as herein provided.
Second.-All debts due to the United
States, and MI taxes ard assessments under
the laws thereof.
Wi'd.-AlI debts due to the State in
which the proceedings in bankruptcy are
pending, and all taxes and assessments
mace under the laws Of such State.
fourM.-Wages due to any operative,
clerk, or tonse servant, to an amount not ex.
ce'ding $50. for labor performed within six
months next preceding the first publication
Of the notice ofproceedings in bankruptcy
Fyh.-All debts due to any persons
who, by the laws of the United States are
or may be entitled to priority or prefer
ence in like manner as if this act had not
been passed. Always provided, That no
thing contained in this act shall interfere
with tho assessment and collection of taxes
by the authority of the United States or
any State.
20 A discharged bankrupt is entitled to
public notice of bis discharge, by letter to
creditors and by advertisement, in uewspa-
pers.
80. No person discharged under this act
who shall afterward become bankrupt. on
his own application, shall be again entitled
to discharge if his estate is insufficient
to pay seventy per centum of the debts
proved against it, unless the assent in writ.
ing Of three-fourths in value of his credi-
tors who have proved their claims, is filed
at or before the time Of application for dis.
charge; but a bankrupt who shall prove to
the satisfaction of tho court that he has
paid all the debts owing by him at the time
OF any previous bankruptcy, or who has
been voluntarily released therefrom hy his
creditors, shall be entitled to discharge
in the Same manner and with the same ef-
feet as if lie had not previously been bank
rupt.
81. Any creditor opposing the discharge
Of any bankrupt, may file specification in
writing Of the grounds Of his opposition,
and the court may, in its discretion, order
any question of fact 30 presented to be
tried at stated session of the Distric:
Court.
80. II it shall appear TO the court that the
bankrupt has in all things conformed to his
duty under this act, and that he is entitled
under the provisions thereof, to receive a
discharge, the court shall grant him dis
charge from all bis debts, except as herein
after provided, and shall give him certif
cate thereof under the seal Of the court, in
substance as follows:
"DIsTRIcr COURT OF TIE UNITED STATES
-DIsTRIcr OF --. Whereas, - has
been duly adjudged bankrupt under the
act of Congress establishing uniform sys-
TEN of bankruptcy throughout the United
States, and appears to have conformed to
all the requirements in law in that behalf,
it is therefore ordered by the courttl,at said
- be forever discharged from all debts
and claims which by said acts arc made
provable against his estate, and which ex-
isted on the - day Of -. on which day
the petition for adjudication was filed by
(or againsD him excepting such debts, If
any, as are by said act excepted from the
operation of discharge in bankruptcy.
"Giveu under my hand and seal at the
court, at ----, in the said district, this -
day Of -, A. D..
"[SeaI.] -, Judge"
SO. No debt created by the fraud or en-
bezslement of the bankrupt, or by hi, de-
falcation as public officer, or while acting
in any f1duciary character; shall be dis
charged under this act.
81. A discharge granted under this act,
shall release the bankrupt from all debts.
claims, liabilities and demands which were
or might have been proved against his es-