The Hawaiian gazette., 1884-10-01

every assignment. convey ance or transfer
Of his property made by him after he shall
have become insolvent OF committed an
act OF bankruptcy. except upon Il good
10 bona fde purchaser
having no reasonable cause to believe INN
10 be insolvent or bankrupt, OF IN contem-
plation Of insolvency or bankruptcy. shall
b. void. and the properly 80 transferred
may be recovered and disposed Of by the
assignees for the benefit Of the creditors
SECTION Is Upon the fling Of a pet-
ton a. provided IN Sections l and :, all
civil suits pending in relation to and all
executions or attachments laid upon the
baaLrupt's property shall cease. deter
mime and be stayed; provided, however,
that any bankrupt may be arrested and
imprisoned as a fraudulent debtor upon
the sworn petition Of any creditor setting
forth sufficient cause for such arrest and
SEcrroS l6 Every bankrupt who shall
have SURRENDERED discovered and delivered
over TO the assignee or assignees all his
property. real and personal, may, after the
expiration Of six months from the date OF
his adjudication as a bankrupt, apply to
the Court for a discharge from all his
debts. Upon application for such dis
charge the Justice shall order notice 70 be
given bv an advertisement Of two weeks,
and also by mail to all creditors who have
proved their debts, to appear on the day
appointed By such advertisement and
notice. and show cause, II any they have,
why a discharge should not he granted
to the bankrupt
SECTION Il. No discharge shall be
granted or if granted be valid in any Of
the following cases:
l. II the bankrupt has willfully sworn
falsely in his petition. schedule or lnyen-
tory or upon any examination had IN the
course Of the proceedings in bankruptcy.
,. II the bankrupt has concealed any
part Of his estate or books or writings re
latIng thereto. or has been guilty of any
fraud or negligence in the care, custody
or delivery Of the same to his assignee.
3 II at any time be has muulated, de
struyed. altered OF falsihed any Of his
books, documents, papers. writings or So
curities. or has made OF been priyy to the
OF any false OF fraudulent entry
IN any book Of account OF other document
with intent to defraud his creditors or has
removed OF caused to be removed any part
Of his property with the intent to defraud
his creditors
4. II the bankrupt has made any fraud
ulent payment. gift transfer, convey
ance. or assignment Of any part Of his
OF has lost any part Thereof in
gaming, or has admitted a false or tictl-
u0us claim against the estate.
5 II the bankrupt, having knowledge
that any person has proved such false or
fictitious claim. has not disclosed the same
10 his assignee within one month after
such knowledge.
6 II bankrupt, being n merchant or
has not at all times after the
Of tins Act, kept proper books Of
account
Z If the bankrupt OF any person on his
behalf. has at any time during the stage
Of the proceedings, influenced the action
Of any creditor by any Pecuniary consid-
Grafton OF obligation
:. II the bankrupt has, IN contemplation
Of becoming bankrupt, made any pledge,
transfer, assignment or convey
ance Of any part Of his property, directly
or indirectly, absolutely or condItiOnally,
for the purpose Of preferilg any creditor
NF-L-flL nav a GAIL AALAsN AAAAAAr u
who Is or may be under liability for hum.
VI for the purpose Of preventing the prop
erty from coming into the hands of the
or Of being distributed IN salts
faction Of his debts
9. II the bankrupt has committed any
fraud IN the contracting Of his liabilities.
SECTION Is. Any creditor who has
proved his clam, opposing the discharge
Of any bankrupt. shall fle a specification
in writing of the grounds Of his opposition,
and the Justice shall thereupon proceed
to hear and determine such objections and
Specifications.
SECTION 70. Before any discharge is
granted the bankrupt shall take and sub
scribe an oath to the effect that he has not
d1ne. suffered or been p1yy to any act,
matter OF thing. specified as a ground for
Withholding such discharge. or as invalid
atinC the same If granted.
SECTION -. fit shall appear 10 the
Justice that the bankrupt has in all things
complied with the requirements OF this
Act. and that under the provisions thereof
he Is entitled 70 a discharge, the Court
shall grant him a discharge from all his
debts, provided however that such dis
charge shall not apply to such debts as
have been created by fraud or embezzle-
ment, or by defalcation. as a public Off
Ger. or while acting IN any iduciary ca
pacity.
SECTION u Any person interested may
except 70 any decision Of the Justice In
proceedings under this Act and appeal
therefrum to the Supreme Court in banco,
provided such party give notice Of his sp-
peal within FIVE days after the rendition
Of such decision and file a bond within
sand i've days in the penal sum Of one
hundred dollars with the Clerk Of the
Court. conditioned for the payment Of all
costs arising from said appeal IN case it
shall not be sustained.
SECTION y. The Justice may at any
time upon the motion Of one or more cred
itors who have proved his or their claims,
require the assignee or assignees TO file
his or their accounts. and il he or they
have funds subject to distribution may re
guire him or them to distribute them
forthwith The Justice may remove any
assignee at any time for cause shown. and
the assignee 50 removed shall Immediately
deliver to his associate assignee or to the
appointed in his place. all the
funds. property. books. vouchers or secur-
ities belonging to the bankrupt estate IN
his possession without charging or retain
ing any commission OF compensation for
his services
SEcrIoS 3 Preparatory to the final &C
count and dividend. the assignee or assig-
nees shall submit his OF their accounts 70
the Justice and file the same. and shall
thergupon give notice 10 all the creditors
who have proved their claims, that he viii
apply for i settlement OF such accounts
and for discharge from all liability as
assignee OF assignees at a time specified
in such notice At the hearing the Justice
shall audit the accounts and any person
interested may appear and contest the
same. The Justice may thsreuPon at his
discretion pass the accounts and order
dividend Il any portion OF the estate re-
undIstrlbuted and shall discharge
she assignee or assiEnees-
SE,vI0S "A The costs Of proceedings
under this Act, except IN cases where the
petitioner fail 10 prove the person pet
ioned against. bankrupt. shall be borne
BY the bankrupt's estate.
SEcT1US . The assignees shall be paid
i've per cent upon all moneys received and
laid out By them and shall be allowed all
lther reasonable expenses incurred in the
Of their trIlst-
SECTION %. Two or more persons who