Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-03-20

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by adding after the word Judge" 10 the fifth line in said
section the words No dividend already declared shall
disturbed by reason of debts being subs queny proved
but the creditors proving such dents shall entitled
divd nd equal to those already received by the other
creditors before further made to the latter
SEC. u.s. Section thirty six said is hereby amended
by inserting after the word sate" in the second sub
division Of said section the words any county city
town theren also by striking out the words issuing Of
the warrant in the third and fourth lines Of the third
division Of said section and inserting instead thereof the
words filing of the petition
SEC. 10 Section hirty-eght Of said act is hereby
amended, by adding thereto, after the last
section The nsoven shall all such convey
Of attorney other Instruments do such
the assignee may require, the direction the
court to enable the assignee to and the
estate OF the insOvent'
SEC. L. Section thirty-nine of said act is hereby
amended, by striking in first line the words The
Judge and inserting stead there the words The
signee with the approval Of the judge
SEC Is. Section forty Of said act is hereby amended
oy striking out in the second line the words issuing
warrant and inserting instead thereof the words
Of proceedings aGd also adding after the
last word of said the If it shall appear to
the that the inovent has in all things CONFIRMED to
his duty under this act and all acts amendaory there
and that he is entitled under the provisions thereof to re-
GIVE discharge, the court shall grant him discharge
from all ms debts, except az hereinafter provided and
shall give him certificate thereof uH.r seal of the
court In all cases when the judge shall refuse grant
discharge under the provisions of this shall be
appeal to the supreme judicial TO Be holden
within and for the county where the proceedings
vency ae pending to be taken heard determined in
the manner provided in section this as amended
The party appealing shall file at the time Of entering
app al in the judicial court copy of the spcif
cations Of the grounds # opposition the discharge Ger
titled by the register At the request Of the debtor
opp sing creditor the presiding udge shall order the
question of dis barge to BE- tried by the jury the first
any subsequent term of said court. Exceptions shall be
had to matters Of law be heard decided as pro-
yded By said section ten
SEC 10 Section forty three Of said act is hereby amended
by striking ut thG-efrom the following oris or when
the dem I'd arises from the purchase goods wares or
merchandise obtained credit when the debtor had rea
sonale cuse To believe that he would be able pay
for the same
SEC. 20 Section forty-dv of said act is hereby
smended by striking out the fifth line the found
and ii serting instead thereof The word proved and
also BY adding after the word discharge the last line
thereof any creditor Of insolvent whose debt was
desires to contest the validity Il The discharge
ground that fraudulently obtained, may at any
time within years after the date thereof appy to the
cout VIII ch granted it. annul the The applca-
ton shall be in writing, and shall specify which in par
tcu ar of the several acts mentioned n section fortwo
intended to against the nsoyent and set forth
the ground Of avoid tnce and evidence shall be adj
mted to any other Of such acts, hut the application
shall be subject am ndment the discretion OF the
The court shall ctu.e .oushle notice Of the
application given to the insovent order him to
appear and the same within such time to the
shall seem proper. II upon hearing the parties the
hLds the audu nj any Of them, set forth
By the creditor against the insovent proved ard that
the creditor had knowledge Of the until after the
granting of tie dischargr, judgment shall be Civ in
favor Of the creditor and the discharge Of the bankrupt
sha b. annued hut If the court finds that the raudu-
Int act, and all of them forth proved,
that they known the creditor beore the granting
of the discharge judgment shall he rendered in favor Of
the insovent, and the VALIDITY Of his discharge shall
be affected by the proceedings
In all arising under this section there shall be an
APPEAL to the supreme judicial to he holden
thin for the county VIII re the proce edngs in in
soveucy pending to he taken heard and dtemir 3D.
in the vided in section ten of this act
amended, The party app aling shall Al at the time Ct
entering his app al in the suprer iu icia urt copy
of the apple ton to have the discharge Luulled certified
by the register At TIC request of either party the pre-
siding judge shall order issues Of fact to be tried by the
jury at the first any subsequ ut term Of said court
epots shall be had to matters Of law, to be heard
and decided as provided by said section ten
SEC Il CT fortysiX Of said act is hereby amended
by striking out after the word 'purchasea" in the first
line, the words, after the warrant Of lnzov ncy is
issued" and inse -ng instead threo' the words after
c mmence ment of proceedings in Insolvency.
SEC D. Section forty eight of said act here by nied
by striking the words, isSui OF the warrant in
the second and third lines inserting instead thereof
the words fill Of the petition by against debtor
SEC. % Section fifty Of said 2ct hereby amended,
BY striking the word siehtor " in the secOrd