Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1867-03-29

erty belonging to him, excepting such prop
erty as be Is permitted to retain under the
provisions Of this act or II he has caused or
suffered any loss, waste or destruction there
of, OF il within four months before the COM
mencement Of such proceedings, he has pro-
cured his lands goods, money or chattes TO
be attached, sequestered or seized, on execu-
ton; or If, since the passage of this act, he
has destroyed mutillated, altered or falsiied
any of his books, papers or securities, or has
made or been privy to the making of any
false or fraudulent entry in any book Of nc
count or other document with intent to
defraud, or has removed or caused to be re-
moved any part of bis property from the dis
trict with intent to defraud or if he had
given any fraudulent preference contrary to
the provisions of this act or made any fraud
tulent payment gift or assignment of any
part Of his property, or has lost any part
thereof in gaming, or has admitted a fcti-
tious debt against his estate; or il, having
knowledge that any person has proven such
fictitious debt he has not disclosed the same
to his assignee; or il, being y merchant Of
tradesman, he has not, subsequent to the pas
sage of this act kept proper books Of account;
or if he, or any person in his behalf, has
procured the assent of any creditor TO the
discharge, or influenced the action of any
creditor or at aRy stage Of the proceedings,
by any pecuniary consideration or obliga-
ton or if he has, in contemplation of be-
coming bankrupt, made any pledge, pay
ment or conveyance of any part OF his prop
erty, directly, or indirectly, absolutely or
conditionally, for the pupose of preferring
any creditor or person having claim against
him, or " no 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 of being distributed under this
act in satisfaction of his debts; or If lie has
been convicted Of any misdemeanor under
this act, or has been guilty of any fraud
whatever, and before any discharge is grant
ed, the bankrupt shall take and subscribe an
oath 10 the effect that he has not done, suf.
ferred or been privy to any act, matter or
thing specified in this act, as a ground for
Withholding such discharge, or as invalida-
ting such discharges if granted.
No person once discharged under this act,
shall afterwards become bankrupt, or on his
own application shall be again entitled to a
discharge whose estate is insufficient TO pay
seventy per ce1ltum of the debts proved
against it, unless the assent in writing OF
three-fourths in value of his creditors who
have proved their claims is filed at or before
the time Of application for discharge; -
by bankrupt who shall prove that he has
paid all the debts owing by him at the
time Of any previous bankruptcy, or who
has been voluntarily released therefrom by
his creditors, shall be entitled to discharge
in the same manner and with the same
effect as if he had not been previously bank
rupt.
Any creditor opposing the discharge
of any bankrupt may file a specification
of the grounds of his opposition, and
the court may order any question of the
fact so presented, to be tried by the district
court.
No debt created by fraud or embezzle-
ment, or by defalcation as public officer, OF
while acting in any fdicuary character shall
be discharged under this act; but the debt
may be proved, and the dividend thereon
shall be payment on account of said debt
and no discharge granted under this acl
shall release, discharge or affect any person
liable for the same debt for which the bank
rupt either as partner, joint contractor, in
dorser, surety, or otherwise. And in al
proceedings in bankruptcy. commenced after
one year from the time this act shall go into
: operation, nc discharge shall be granted to
debtor whose assets do not pay fifty per cen.
tum of the claims against his estate, unless
the assent in writing of majority in nun
Der and value of his creditors, who have
proved their claims, is filed in the case a.
or before the time Of application for dis
charge.
A discharge duly granted under this act
shall with the exceptions aforesaid, release
the bankrupt from all debts, claims liabili.
ties and demands which vert or might have
been proved against his estate in Bankrupt.
cy, and may be pleaded as full and com.
plete bar to all suits brought on any such
: debts, claims, liabilities or demands, and Tho
certificates shall be conclusive evidence r
: favor Of such bankrupt of the fact and the
regularity of such discharge. But any
creditor may content the validity of the dis
charge by applying to the court which
granted it within two years, setting forth
what fraudulent acts it is expected to prove
against the bankrupt. If the court, upon
hearing the case, shall find such fraudulent
acts proved the discharges shall not be ad
mited.
Sao. A Furnishes any fraudulent transfer
or concealment of property, attempt to &C
count for it by fctitions losses or expenses
or any other acts before described intended
to defraud creditors, as a misdemearor, BY
imprisonment, with or without hard labor
: not exceeding three years.
Sections AS and 46 prescribe penalties TO
the acceptance of brides by judges, registers
assgnees or other officers of bankrupt courts
and for forgery of signature or counterfeit
ing seals to documents on proceedings il
bankruptcy.
This act shall commence and take effect
as 10 the appointment of officers created
hereby, and the PRONUNCIATION Of rules AM
general orders, from and after the date of it
approval.