The Republican journal. [volume] (Belfast, Me.) 1829-current, 1879-03-20


sg IA. Section thirty five Of said hereby amended
NY adding after the word Judge in the fifth line
section the words No divideLd already declared, shall be
disturbed by Of debts beug subs queny proved
but ne creditors proving such debts shall entitled
dividend equal to those already received by the other
creditors before further payment made the latter
SEC s. Section thirty six of said is hereby amended
by inserting after the word state, in sub
division Of said section, the words any county city
town ;herein; also by striking the words issuing of
the warrant in the third and fourth lines of the third sub
division Of said section and Inserting instead thereof
words fling Of the petition
SEC. 1t. Section thirty of said act is hereby
ameLded, Ivy adding thereto after the last word
section, The inso shall all such convey
wers Of attorney Other instruments and do such
as the assignee may require, under tn direction # the
court to enable the assgne- to ana receive the
estate of the insolvent
SEC. Il. Section thrty-nine Of said hereby
amended by striking cut 10 the first line the words The
Judge, and inserting stead there the words The as
signee with the approval Of the judge
SEC IS. s-ctoa forty Of said is hereby amended,
by striking i'll the second line the words issuing the
warrant, and inserting instead thereof the words
meneemeu OF proceed nKs ard also by adding
last word of sail sect the words Ii shall appear
the that the Insuvent has in all things CONFIRMED
his duty under this and all smendatory there
and that lie is entitled under the provisions thereof
csive discharge, the court shall grant him discharge
from all his debts. kept hereinafter provided. ard
shall give him certificate thereof ustr seal Of the
In all when the u1ge shall refuse grant
discharge under the provisions Of this shall be
APPEAL TO the supreme judicial court be holden
within and for the County where the proceedings in asol-
yency perdng he taken heard ana determined in
the provi led in ten this act as amended
The party appealing shall file AZ the Of entering
spp al in the suprt judicial copy Of the specif
cations Of the grounds If opposition to the discharge
titled by the regst At thu request Of the debtor
opp sing creditor, the presiding Judge shall order the
question of dis barge to tried Wy the jury first
any subsequent Of said court Exceptions shall he
had of law he heard and decided as pro-
yded BY said section ten
SEC g. Section forty three of said is hereby amended
by striking out thereom the following words or when
the dem md from the purchase goods wares
merchandise obtained credit when the debtor had
sonatle to believe that he would not be able pay
tor the sane.'
SEQ 20 Section forty-fv Of said act is hereby
amended by striking in the fifth line the found
and Inserting instead thereof the word proved and
also BY adding after the word discharge in the line
thereof, amy creditor Of nsolvent whose debt
proved provabe against the in insolvency who
desires to contest the validity of the discharge the
ground that II fraudulently obtained, may Al an
time within years the thereof apply to the
coutt which granted it, to annu the The applca
ton shall be in writing and shall specify which par
ticuar Of the several acts mentioned
it is intended to against the nsolyn and forth
the ground' of avoidance; and evidence shall be sd
mted as to other of such acts hut the application
shall be subject to amendment at the discretion OF the
court The court shall cause reasonable notice of the
application to be given the insovent, order him
appear and answer the same within such time the
court shall seem proper II upon hearing the parties
court finds the fraudu any of them forth
By the creditor against the nsolvent proved ard that
the creditor had knowledge Of until after the
granting OF the discharge Judgment shall be given in
favor OF the creditor and the discharge Of the bankrupt
shall be annuled but IL the finds that the sudu
lent acts and all OF them forth proved
that they were known to the creditor before the granting
of the discharge Judgment shall be rendered in favor of
the insoven and the validity of his discharge shsl
be affected by the proceedings.
In all cases arising under this section there shall be
appeal to the supreme judicial he holden
thin al for the county where the roceeings in
soveucy pending TO be taken heard and determined
in the manner provided in section of this
AT he firpp Of
entering his app al in the supreme judicial copy
of the application to have the discharge anuued certified
by the register At the request OF either party pre-
siding judge shall order issues of fact by
jury the first any subsequent of said court
Exceptions shall be had matters OF law be heard
and decided As provided by said section ten