The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-10-01

cept the necessary clothing for himself
and family and such other necessaries not
TO exceed the value of three hundred dol
lars, as the Justice may designate) and
every assignment. conveyance or transfer
of his property made by him after he shall
have become insolvent or committed an
act OF bankruptcy, except upon good
consideration to bona fide purchaser
having no reasonable cause to believe him
TO be insolvent or bankrupt, or in contem-
plation of insolvency or bankruptcy, shall
be void. and the properly so transferred
may be recovered and disposed of by the
assignees for the benefit Of the creditors.
SECTION Is. Upon the filing of a peti-
ton as provided in Sections and 2, all
civil suits pending in relation to and all
executions or attachments laid upon the
banHupt's property shall cease, deter
mine 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
imprisonment
SECTION 16. 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 discharge from all his
debts. Upon application for such dis
charge the Justice shall order notice to be
given by 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, if any they have,
why discharge should not be granted
to the bankrupt
SECTION II. No discharge shall be
granted, or if granted be valid in any of
the following cases:
l. If the bankrupt has willfully sworn
falsely in his petition, schedule or inven-
tory or upon any examination had in the
course Of the proceedings in bankruptcy.
2. If the bankrupt has concealed any
part of his estate or books or writings re
latlng thereto, or has been guilty of any
fraud or negligence in the care, custody
Or delivery of the same to his assignee.
3. If at any time he has mutilated. de
stroyed, altered or falsifed any of his
books, documents, papers, writings or Sc
curltles, or has made or been privy to the
making of any false or fraudulent entry
in any book of account or other document
with intent to defraud his creditors or has
removed or 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
property, or has lost any part Thereof in
gaming, or has admitted false or ficti-
tious claim against the estate.
D. If the bankrupt, having knowledge
that any person has proved such false or
fictitious claim, has not disclosed the same
to his assignee within one month after
such knowledge.
g. If bankrupt, being a merchant or
tradesman, has not at all times after the
approval of this Act, kept proper books of
account.
z. II the bankrupt or 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 or obligation
S. If the bankrupt has, in contemplation
of becoming bankrupt, made any pledge.
payment, transfer. assignment or convey
ance of any part of his property, directly
or indirectly, absolutely or conditionally,
for the purpose of prefering any creditor
or person having a claim against him, or
who Is or may be under liability for him.
OF for the purpose of preventing the prop
erty from coming into the hands of the
asslgnees, or of being distributed in salts
faction of his debts.
8. Ii the bankrupt has committed any
fraud in the contracting of his liabilities.
SECTION Is. Any creditor who has
proved his claim, opposing the discharge
of any bankrupt, shall file specification
in writing of the grounds of his opposition,
and the Justice shall thereupon proceed
to hear and determine such objections and
specifications
SECTION 10. Before any discharge is
granted, the bankrupt shall take and sub
scribe an oath to the effect that he has not
done, suffered or been privy to any act,
matter or thing, specified as a ground for
such discharge, or as invalid
ating the same if granted
SECTION 20. If it shall appear to 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 to discharge, the Court
shall grant him 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 fiduciary ca
pacity.
SECTION q. Any person interested may
except to any decision of the Justice in
under this Act and appeal
therefrom to the Supreme Court in banco,
provided such party give notice of his ap-
peal within five days after the rendition
Of such decision and file a bond within
said five 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 -. The Justice may at any
lime upon the motion of one or more cred
tors who have proved his OF their claims.
'equlre the assignee or assignees to file
us or their accounts, and if he or they
AVE funds subject to distribution may re
Iulre him or them to distribute them
orthwlth. The Justice may remove any
assignee at any time for cause shown, and
he assignee so removed shall Immediately
iellyer to his associate assignee or to the
lsslgnee appointed in his place. all the
unds, property, books, vouchers or secur-
ties belonging to the bankrupt estate in
us possession without charging or retain
ng any commission or compensation for
lis services.
SECTION .. Preparatory to the final ac
cunt and dividend, the assignee or assig-
ices shall submit his or their accounts to
he Justice and file the same. and shall
hereupon give notice to all the creditors
Who have proved their claims. that he will
pply for settlement of such accounts
nd for discharge from all liability as
ssignee or assignees at a time specified
such notice. At the hearing the Justice |
hall audit the accounts and any person |
Interested may appear and contest the |
anne. The Justice may thereupon at his |
discretion pass the accounts and order |
ividend of any portion of the estate re-
naming undistributed and shall discharge |
he assignee or assignees.
SECTION "A. The costs of proceedings
nder this Act, except in cases where the
etltioner fail to prove the person peti
oned against, bankrupt, shall be borne
y the bankTupt's estate
SECTION %. The assignees shall be paid
We per cent. upon all moneys received and
aud out by them and shall be allowed all
.her reasonable expenses incurred in the
administration of their trust
SECTION 26 Two or more persons who
70 nerA,,s l.. 4