Year: 1867




SEC. %. And Be ii further e,racted That at
any time after the expiration of six months
| from the adjudication of bankruptcy, or if no
debts have been proved against the bankrupt,
or if no assets have come to the hands of the
assignee, at any time after the expiration of
sixty days, and within one year from the adj
Indication of bankruptcy, the bankrupt may
apply to the court for a discharge from his
debts. and the court shall thereupon order
notice to be given by mail to all creditors who
have proved their debts, and by publication
at least once a week in such newspapers as
the court shall designate, due regard being


had to the general circulation of the same in
the district, in that portion of the district
in which the bankrupt and his creditors shall
| reside, to appear on day appointed for that
purpose, and show cause why discharge
| should not be granted to the bankrupt. No
discharge shall be granted, or, if granted, be
valid, if the bankrupt has wilfully sworn
falsely in his affidavit annexed to his petition,
schedule, or inventory, or upon any examina-
ton in the course of the proceedings in bank
| ruptcy, in relation to any material fact con-
cerning his estate his debts, to any
other material fact; or if he has concealed
| any part of his estate or effects, OF any books
or writings relating thereto, or if he has been


guilty of any fraud or negligence in the care.
custody or delivery to the assignee of the
property belonging to him at the time of the
presentation of his petition and inventory.
| excepting such property as he is permitted
| to retain under the provisions of this act,
| if he has caused, permitted, or suffered any
| loss, waste, destruction thereof; OF if,
within four months before the commencement
of such proceedings, he has procured his
| lands, goods, money, or chattels to be attach
| ed, sequestered, or seized on execution or
| if, since the passage of this act. he has de-


stroved, mutilated, altered, or talsifed any of
his books, documents, papers, writings, or
securities, or has made OF 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 has
| moved or caused to be removed any part of
| his property from the district. with intent to
defraud his creditors; or if he has given any
| fraudulent preference contrary to the pro-
| visions of this act, or made any fraudulent
| payment, gift, transfer, conveyance. or as


signment of any part of his property. or has


lost any part thereof in gaming, or has ad-
mtted false or fictitious debt against his


estate or if, having knowledge that any per-
son has proved such false or fictitious debt.
be has not disclosed the same to his assignee
within one month after such knowledge or
| if, being a merchant or tradesman, he has


not, subsequently to the passage of this act.
| kept proper books of account or if he, or


any person in his behalf, has procured the
assent of any creditor to the discharge. OF
| influenced the action of any creditor at any


stage of the proceedings, by any pecuniary


consideration or obligation or if he has, in
| contemplation of becoming bankrupt, made


any pledge, payment, transfer, assignment,
| or conveyance of any part of his property.
directly or indirectly, absolutely or eondi-
| tionally, for the purpose of preferrlng any


creditor person having a claim against


him, or who is or may be under liability for
| him, or for the purpose of preventing the


property from coming into the hands of the


assignee, or of being distributed under this
act in satisfaction of his debts: or if he has
been convicted of any misdemeanOr under


this act, or has been guilty of any fraud
whatever contrary TO the true intent of this


act and before any discharge is granted, the
bankrupt shall take and subscribe an oath to
the effect that he has not done, suffered, or
been privy to any act, matter, or thing spec
fled in this act as ground for withholding


such discharge, invalidating such dis
charge if granted


SEC. go And be 1t further enacted, That no
person who shall have been discharged under
this act and shall afterwards become bank


rupt, on his own application shall be again


entitled to discharge, whose estate is insult


ticient to pay seventy per centum OF the debts


proved against it, unless the assent in writ


ing of three-fourths in value of his creditors


who have proved their claims is filed at or


before the time of application for discharge.


But a bankrupt who shall prove TO the salts


action of the court that he has paid all the


iebts owing by him at the time of any pre-


vious bankruptcy, or who has been volunta-
!. rilv released therefrom by his creditors, shall


be entitled to discharge in the same man


ner and with the same effect as if he had not


previously been bankrupt.


SEC. 81. And be 1t further enacted, That


any creditor opposing the discharge of any
| of the grounds of his opposition, and the


court may in its discretion order any question
IF fact so presented to be tried at stated
, session of the district court.


: SEC. 80. And be II further enacted, That
if it shall appear to the court that the bank


rupt has in all things conformed to his duty
under this act, and that he is entitled, under
the provisions thereof, TO receive a discharge,
: the court shall grant him discharge from
all his debts except as hereinafter provided,
, and shall give him a certificate thereof under
the seal of the court, in substance as fallows
District court of the United States, Dis
8 trict of


Whereas has been duly adjudged a
bankrupt under the act of Congress estab-
:. fishing a uniform system of bankruptcy


throughout the United States, and appears


to have conformed to all the requirements oi


law in that behalf it is therefore ordered by


| the court that said be forever discharged
. from all debts and claims which by said act


are made provable against his estate, and
: | which existed on the day of on which
= day the petition for adjudication filed by
g Tor against) him; excepting such debts, i
= any, as are by said act excepted from tn,
= operation of discharge in bankruptcy
i Given under my hand and the seal of the
y court at in the said district, this
;, day of A. ID.


u JSeal. Judge.
/ no debt created by the fraud or embezzlemen
N of the bankrupt, or by his defalcation as
"a public officer, or while acting in any fiduciar
,e but the debt may be proved, and the dividen
er thereon shall be a payment on account Q
p said debt and no discharge granted unde
y this act shall release, discharge or affect an
4 person liable for the same debt for or wit
er the bankrupt, either as partner, joint con
er tractor, indorser. surety, or otherwise. An
t in all proceedings in bankruptcy commence
n after one year from the time this act shall 9
n into operation, no discharge shall be granite
th to a debtor whose assets do not pay fifty ps
d. centum of the claims against his estat.
d. unless the assent in writing of majority
c. number and value of his creditors who hay
to proved their claims is filed in the case at
in before the time of application for ischarg


SEC. "a. And be Il further enacte That
of discharge duly granted under this act sha
K with the exceptions aforesaid, release Il
of bankrupt from all debts, claims. liabilitie


and demands which were or might have be-
Is, proved against his estate in bankruptcy, al