The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-07-31

lin the care or delivery thereof to
t.the assignee, nor suffer any loss OF
destruction thereof, nor alter nor
E:mutiIate any Of his books or wri-
tings fraudulently, nor lose any
sproperty.in gaming, or admit OF
conceal the proof, BY another, Of q
false or fictitious debt. against his
estate, nor influence a creditor ia,
yorahy towards himself by .pecu-
mary means. Tfany~ of these. re;
kqdiremeats remain unfulfHed, the
kdebtefswM fail to get a discharge;
and if he4is convicted of fraud or
false swearing, he will be punished
aecordinggr gr1,.ss -, :, ~ ..-.,''
THE. BANKRuPR,s PRIVILEGES.
These are few in.number; batsot
great benefit. He is free from ar;
rest, and-may not be annoyed, by
any legalsproceedings upon debts
from which he, may be discharged
Feunae e aer the law. He.i is entitled to
retain certain property, as. house:
hold necessaries desi gnated by the
assignee, not tozexeeed' the value
sefs50o wearing apparel for -him-
self wife and Children uniform,
ssrms and equipments; and in this
State ia sewing machine, family Il;
,,bray Of theyaFae, e8s50 pew, in p
EeharetI,. ten sheep, ,oae cow. two
swine, and their food; tools and
implements Of mechanics to the
Fafue ef 81, neeessary: team,
burial Tot, and home estead Of the
value of s., ,a8a. When his : dis
charge is. 3 granted 7its released
him from all contracted debts due
and payable. at the time of adiu;
dication Of bankruptcy, inelu ding
claims for :wifes debts, all aashfs
then existing, but not pay abis ll
d future day. all contingent hai
bTiities,- rent, &c. =:
co-PARrNERs AND CORPORATIONS.
Ce-partners may join IN one ap-
pkcation. Corporations and joint
Stock companies may apply, but
are not discharged from debts,
nor i1aHe'they any allowance they
are simply dissolved No. dis
charge will be granted Mess. as
Sets pay Fifty per seentune on debts;
ersWritten assent Of majority. 10
number>and value Of creditors be
filed. ...,,,. - d. -
PEE DUTIES aNBPRtYILEGEs OF THE
:: CREDITOR =. -
The holders Of expected debts,
fraud, etc, may prove them, and
the dividends received will be
. only on asconnt of, and not~in dis
charge of fsueh debts. The credit
tors entitled latter proving bis
,debegto vote for.assignees, and he
+ is Observation-Disclosures ratio. to the
amolntsof his. elaifn,,y He may re-
fqdire thesassignee.te file a bond,
can obtain, an examin alton Of the
debtor OF Of any other creditor,
and may assist in determining
what part Of the estate may besdi.
Tided among the creditors. He
may also oppese't the granting of a
discharge on;ans Of: the grounds
above specified, rendering iinNs;
lie, ,sand.at4aAast delay H&zhy xeh-
taining:-a trial by jury-r.He, may
eaiso, within two years after the
discharge, apply to set. it saside:en
the same grounds, except when he
knew of these facts at the time Of
the discharge, which knowledge
Ethe debtor must prove. He may
petition to have the debtor de-
~clared bankrupt for reasons before
stated; may have the estate wound
up-by, trustees instead of by the
official assignees.> The. creditor,
petitioning, is liable for the costs.
The creditor must, proving his
claim, make oath or affirmation that
the esum isjustly due him, andisnet
-iaoany way secured; the claim
was not procured for the purpose
of influencing the proceedings, and
that no agreement exists whereby
he-is to transfer the claim or to
receive any property, or to bestow
in any way his vote:
There are several other minor
requirements which the creditor
has to fulfill. Creditors are paid
in the following order: Court fees,
the United States, the State clerks
and dservants, to amount Of $50 each.
Debts by law entitled to prefer
ence, general creditors.
RIGHTS AND DUTIES OF THE AS
* sIGNEE.
He takes title. to the estate, sub
jectsto existing liens, from day of
commencement Of proceedings,
and is entitled to sue for and re-
cover the estate. He stands in
the place ofthe bankrupt, becomes
thereby a tenant in common in
the bankrupt's frm5 and is enti-
tied to an accounting..eTh OFF,
Ger designates the household goods
to be retained by the debtor. The
fees Of the assignee are his expen-
ses, and five per centun on the
first $1,000; two and a half per
centum on the excess up to $4,000 /;
and one per centum on excess
over s5;anN.'