Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-03-07


seii my family or any other individual or In order
to dcfraud my creditors
NEt, ~. AT any time after the expiration OF mr.
months from the time of issuing the warrant, the
dentor may apply in writing to the judge for us
charge rom ms debts The judge shall order no
wise, to appear on day appointed for that pur-
pose, and show cause why discharge should not
he granted to the debtor. Any creditor opposing
the discharge may file specification in writing OF
the grounds of his opposition, and hearing shall
be had thereon At such time as the Judge appoints.
SEC. n. discharge shall not be granted to
debtor second time insOlvent, unless the assent
in writing Of a majority in number and in value of
his known creditors shall first be fled in the case
to be verified by proof satisfactory to the Judge.
And a discharge shall not be granted to a debtor
third time insolvent, unless the assent in writing
in value shall first be filed in the case, be yeri-
fed in Ike manner.
SEC. y. A discharge shall not be granted, or if
granted be valid, if the debtor has sworn falsely,
or if he has concealed any property, books or pa
pers relating to his estate and business, or hav
Ing reasonable cause to believe himself insolvent
or being in contemplation of insolvency he has
within four months of the Issuing Of the warrant
paid or secured, directly or indirectly, In whole
IN part, any borrowed money or pre-existng debt,
any liability of his or for him, if he has
caused his effects to he attached or if he has
destroyed altered, mutilated or fasifod any of his
books, document papers writings securities, or
has made or been privy to the making OF any false
fraudulent entry in any book OF account or other
to give preference contrary t. the provisions of
this act, or has removed, or allowed to Dc removed
any property with like intent, or has made any
fraudulent payment, gift, transfer, conveyance or
assignment of any part of his property, or if
having knowledge that any person has proved a
false debt against his estate he has not disclosed
the same to the assignee within thirty days after
such knowledge, or If being merchant or trader
he has not since the passage Of this bill kept cash
book and other proper books OF account And the
any person in his behalf shall have procured the
assent of amy creditor thereto by any pecunary
consideration or promise Of future preference.
SEC, - No debt created by the fraud n emhpZ-
element of the nsolvent or by his dea lcation AS a
public officer, while acting in any fduc airy
character or when the demand arises from the pur-
chase uf goods wares or merchandise, obtained on
credit when the debtor had reasonable cause to be-
shall he discharged by proceedings in insolvency
under this act, but such Gebt may be proved and
the dividend thereon shall he pay ment account
SIC. ~. No discharge shall release discharge or
affect any person liable for the same debt for
with the insolvent, either as partner joint con-
tractor, lndOrser, surety or otherwise.
SEC. 10. a discharge in insolvency duly granted
shall, subject to the Limitations in and by the two
preceding sections, within this state release the
insoivent from all debts, claims, liabilities and de-
mands, which were or might have been found
against his estate in insolvency; 1t may he pleaded
by simple averment that on the day Of its date
such discharge was granted to the insOlvent, set
ting forth copy of such discharge which shall
operate full and complete bar to all suits
brought On any such debts claims, liabilities as
were or might have been proved aforesaid; the
certificate shall be conclusive evidence In favor of
such insolvent Of the fact and regularity Of such
discharge.
SEC. i6. No claim purchased after the warrant
in insolvency has issued, shall he set of against
claim due the estate prior to such purchase.
Sec. AZ. No creditor shall commence or maintain
any suit against the insOlvept debtor upon any
claim or demand which he has proved against such
debtor in in soveney, until after Il discharge has
been refused such debtor, provided such debtor
shall proceed with reasonable diligence to obtain
such discharge and no debtor against W ION a war
rant in insolvency has been issued shall be liable
to arrest on mesne process or execution where the
claim was provable in insolvency during the PEN
dency of the insolvency proceedings, unless the
same shall be unreasonaby protracted by the fault
o neglect of such debtor.
SEC. 49, If any person being insolvent or in con-
temptation of insolvency within four months before
the Issuing of the warrant, with view to give
preference to any creditor or person having claim
against him. or who is under any liability for him,
procuros or suffers any part of his property to be
attached, sequestered or seized execution, or
makes any payment, pledge, assignment, transfer
or conveyance Of any part of his property, either
directly or indirectly, absolutely or conditionally,
the person receiving such payment, pledge assign
ment, transfer or conveyance, or to be benefited
thereby, or by such attachment having reasonable
cause to believe such person is insovent or in con-
temptation of insolvency, and that such payment,
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