The herald., 1897-04-23

the petitioner shall give schedule OF
3 rl1s propertys ex empt and unexempt and
of ali creditors and the amount and ma
turea Of the debts, and the petitioners
snail offer to surrender all his une&empt
S,sopertv for al full discharge from his
debts and liabrlities. The-petitfon shall
be heard by the court in no less than
thirty nor more than ninety days If
the court upholds the petition the estate
n transferred to an "assiguee" for set
Element. Creditors can resist the pre-
c,e5.rms before the court on certain emu
merated grounds of fraud, preference to
creditors, etc.
preferences for months prior to filing
hsn,.uutcy bonds are void, and trans
fcrs or property within six months are
void. provision is made for distributing
The estate among creditors. After the
.ett,e:nent the court gives p final de-
cree discharging the bankrupt from all
ytnn,,,sjes to any creditors described in
the schedule who may becom party to
the proceedings. but such discharge shall
not include any obligations which shall
have been created in consequence of his
defalcation as public officer or as an
executor, administrator, guardian or
4rustee. or while acting in any other
fiduciarv capacity, nor any debtor obi
cation 10 any surety of the bankrupt
who has paid or may pay any such fidu-
eiary debt or any part of it, nor any
6cbtor obligation created by the OBTAIN
ing of moneys or property under false
retcnses.
The uroyision as to voluntary bank
.rn.cv is that IL any debtor, being a
banker. broker, merchant. trader or
,nanufaoturer. who owes $500 or over.
shall nj any time within four months
Of the time of fling petition convey or
Voluntarily cucumber any of his proper
~ with the purpose to prefer or defraud
anv creditors, he shall be deemed
bankrupt.
Creditors having debts against such
thanlsrunt to the amount of $500 may,
within four mouths after the act of
hankruptcy has been committed, file
q, the court petition for an adjudica-
tion Of the bankruptcy.
The court then proceeds within thirty
days to hear the case. The accused may
demand jury.
on The hearing the court or jury holds
whether the accused is or is not bank
rlpt. Fees in both classes of bankruptcy
are provided, viz: Attorney fees not
above 500; assignee, not above 50 per
day: appeals are allowed except when
entire bankrupt estate is under S5OOO
on motion of Hoar, it was agreed tina,
tre adjournment today be until next
Monday.
The free homestead bill was then taken.
UP.
Morgan offered an amendment pro-
yiding that all public lands not taken up
bv public entry by January /, 1900 shall
be granted to the statec and territories
where the lands are located for educa-
tional purposes The homestead bill was
made the unfinished business and then
laid aside
AZ 4 o'clock message from the house
announced the death of Representative
Holman. Turpie of Indiana presented a
resolution reciting the regret with which
the announcement was received and
providing for a committee of five sena-
tors to accompany the remains. The
resolution was agreed to.
At 4:1Op. m. the senate adjourned until
Monday.
NOMINATIONS
-.,r1Ae president today sent to the SEN
ate the IOllOWlIS
old NJ. sSewall of Maine. to be minister
TO Hawaii: Thomas Fl. Phair Of Maine
to be collector of customs for the dis
frlct Of Aristook, Me-; James S. Harri-
man OF Maine, to be collector of customs
for the district Of Belfast, Me.
The senate in executive session con-
firnled the following nominations: Har- |
cid NJ. Sewall of M;<ne to be minister to /
Hawaii; James A. Smith of Vermont |
to be consul at Leghorn, Italy; Thos
H., Harrison Of Pennsylvania, to be |
q gent and consul general at Cairo |
Egypt: John P. Jackson of California |
to be collector of customs, district OF |
San Francisco.
Harold NJ Sewall. who has been Sc
lacted for minister for Hawaii, gained |
prominence during the last campaign |
by reason of his advocacy of the Repub-
lican ticket and platform, although his /
father was the Democratic candidate |
Cor vice president.