Year: 1867




this act but the debt be proved and tae dividend
thereon shall be payment on account or said debit
and no discharge granted under this act shall release.
dScharge or affect any person liable for the debt
for or the bankrupt either as partner joint con-
tractor endorser surety or otherwise AND N an pro
tie time this shall go into operation no discharge
shall be granted debtor whose assets do not pay


ty per ceptum OF the claims against his estate unless
the assent in writing Of majority in number and value
Of creditors who have proved their claims is filed In
the at before the time oi apphcation Tor ds-


ssc s4 And be it further enacted, That discharge
duly granted under TINS scs saa WIN "a t1e excepsons
liabilities and demands which were or might have been
proved against hts estate in bankruptcy and may be
pIeaded by a simple averment that the day OF its
date such discharge granted him. setting the
forth in haze perba full and complete bar to all suits
and the certificate shall be conclusive evidence In favor
of such bankrupt Of the fact and the regularity OF such
M s nanfup whose debt wss proved or prova
BILE against the estate in bankruptcy who shall see ft 70
contest the validity Of said discharge on the ground
that il was frauduiently obtained. may, at any time
within two years after the date thereof apply 70 the
court which granted 1t to set aside and annuI the
sasSv sson sslc m psreus Of the several
toned in section 20 It 10 intended 70 give
erouuds Of avoidance and no evidence shall Be- admitted
az TO any other Of the said acts but said application
shall be subject TO amendment q the discretion o. the
court The court shall reasonable notice OF said
application to be given said bankrupt and order him
TO appear and the within such time a. -
sne ne o sad parss the shall ind that the
lent acts or any OF them forth aforesaid by said
ana .Sst said creditor o. creditors had no knowledge Ok
the same until after the granting OF said discharge )odg-
shall be given in favor Of said creditor or creoao
annulled But f said court shall find that said fraud


lent acts and OF them set forth as aforesaid are NOS
proved that they were known 70 said creditor or cred
itors before the granting OF said discharge then udg
ment shall be rendered in favor OF the bankrupt ano
the validity Of his discharge shall not Dc aneced oy sao
proceedings


PRRFEREscs AND FRAUDULENT oosvEYAScr DECLARED


SIC 35 And be it further enacted, That II any person.
being nsolvent or contemplation Of insolvency with
in four months from the filing OF the petition oy OF
against him, with view to give preference TO any
creditor or person having claim against him, or VINO
under any liability for him, procures any part Of hs
property attached seQuesered or seized on exccu
ton or makes any payment pledge, assignment trans
conveyance Of part OF his property ener o-
son receiving such payment pledge, assignment,


fer conveyance TO be benefited thereby Or oy sncn
attachment having reasonable cause 70 Deheve sucn
pledge assignment or conveyance is made in fraud Of
the provisions Of act the shall be void and
IL from the person 50 receiving Il or 50 to BE- beneted
and If any person. being insolvent, or in conempAon
The filing Of the petition by against him, makes any
payment sale, assignment, transfer conveyance or
SON who then has reasonable cause to believe him TO be


nsolvent, to be acting In contemplation OF nsoi-
vency and that such payment, sale, assignment,
transfer or other conveyance is madc with view 70
prevent his property from coming TO MS assignee IN
bankruptcy prevent the same from being dstrib-
uted under this act defeat the object Of or ID any
way impair, hinder impede delay the operation and
effect evade any of the provisions OF TINS ACT
void and the assignee may recover the properly the
value thereof as the assets Of the bankrupt. And
such sale, assignment transfer or convoyance y nos o.
the debtor the fact shall DO rimd tdce evidence OF
fraud. Any contract covenant or security made OF
given BY bankrupt other with, or IN trust ZOE
any creditor securing the payment OF any money a.


consideration for with intent to induce the creditor
forbear opposing the application for discharge q the
bankrupt shall be void; and IL any creditor shall obtain
any sum money other goods chattes or security
from apy person as an nducement for forbearng op
pose or to such application discharge
creditor offending shall forfeit all right to any share
dividend in the estate Of the bankrupt and shan also
goods chates security obtained TO be recovered
By the assignee for the benefit Of the estate.


BANKRUPTCY PARTNERSHIPS AND or coRPoRArIoNS
SEC 49, And be It further enacted, That whore tive
persons who partners In trade shall be ad-
snv ONE them Or on the petition Of any creditor Of
the partners warrant shall issue in the manner pro-
vided by this act upon which al tne JON. ssocx ano
each Of the partners shall be aken excepting
such parts thereof herenbefore excepted and
all the creditors Of the company and the separate cred
tors Of each partner shall be allowed % prove their
respective debts and the assignee shalt be chosen by
the creditors OF the company, and shall also KEEP sspa
rate of the JOINT stock and property Of tho
copanershp and Of the separate estate Of each member
received by such assignee the whole Of the expenses ana
the net Of tho Joint stock shall
be appropriated 70 pay the creditors - Of IN tns CO CO
arate estate Of each partuer shall b appropi-
aled to pay his separate credtors; and II there
any ss s ne s s
balance shall added joint stock for the payment
of the joint credors and there shall bc balance
Of the Joint stock after payment Of joint debts such
balance shall be divided and appropriated TO and among
to their respective right and interest therein as il would
have been II the partnership had been dissolved without
any bankruptcy and the sum 50 aPpr0prassa m 70 the the
payment Of his separate debts; and the certificate OF
discharge shall be granted refused to each partner
the would ought to be If the proceedings had
been against him alone under this act and in eli other
respects the proceedings against partners shall be con-
menced and prosecuted against one person alone. II
such coparners reside in different districts thst court IN
which the petition is first fled shall retain exclusive
jurisdiction the case s


rc 81 And be further enacted That tho provisions
OF this act shall apply to all business or com
upon the petition OF any officer Of any such corporation
company, duly authorized by vote OF majority OF
the corporators present legal meeting called for
the purpose upon the petition Of any creditor
creditors Of such corporation company made and pre-
sented In the hereafter provided in respect to
DEBTORS the proceedings shall be had and taken
hereinafter provdad In the Of debtors; and all
or set forth his duties in regard to furnishing schedules
inventories executing papers, submitting TO examna
tons, discosinC, making over, secretng, conceaing
conveying, assigning, paying away his money
perty shall IN like manner, and with like force effect and
penalties apply to each and every officer Of such
poration or company In relation TO the same mat
tiers concerning the corporation or COMPANY, and
the money and properly thereof. All payments.
conveyances and assignments declared fraudulent
and void by this act when made BY debtor,
shall, in like manner. and to the like extent, and
with like remedies, be fraudulent and void when
made by a corporation company. No allowance
discharge shall be granted any corporation joint
stock company, 70 any person officer or member
thereof; provided that whenever any corporation, BY
proceedings under this act shall be declared bankrupt
all its property and assets shall bs distributed 70 tho
tlnAt
this act in respect to natural persons ..
DISPOSITIONS.


sEc 49, And be IL further enacted That the fling OF


petition adjudication In bankruptcy, either by
debtor In his behalf by any creditor against
debtor, upon which order may be ISSUED BY tho
court, by register the manner provided IN sec
ton four shall be deemed and taken TO be the COM
mencement Of proceedings In bankruptcy under this ac
the proceedings all OF bankruptcy shall be deemed
matters OF record but the shall NOT be required TO
be recorded at large shall b carefully hsd kept and
numbered in the ofce OF the clerk OF the court end