Year: 1867

ruptcy throughout the United States,


TcoSTIUED.l


OF THE BASKRuPr's DISCHARGE AND ITS EFFECT.


Sec. 20. And be it further enacted, 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 1t no
assets have cone to the hands OF the assignee
at any time after the expiration OF sixty days,
and withIntone year from the adjudication OF
bankruptcy, the bankrupt may apply to the court
for discharge from his debts, and the court shall
thereupon order notice to be given by mail 10
all creditors who have proved their debts, and
by publication at least once week in such
newspapers as the court shall designate, due
regard being had to the general circulation OF
the same in the district, or in that portion OF
the district in which the bankrupt and his credI
itors shall reside, to appear on day appointed
for that purpose, and show cause why dis
charge 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 examination
In the course of the proceedings in bankruptcy,
in relation to any material fact concerning his
debts or his estate, or to any other material
fact; or if he has concealed any part of his
estate or effects, or any books or writings relat'
ing thereto, or if be has been guilty of any fraud





to the assignee of the property belonging to him
at the time Of the presentation of his petition
and inventory, excepting such property as be is
permitted to retain uuder the provisions of this
act, or if he has caused, permitted, or suffered
any loss, waste. or destruction thereof or if.
within four months before the commencement
of such proceedings, he has procured his lands,
goods, money, or chattels to be attached, Sc
questered, or seized on execution; or if, since
A. a.; hob bas 81
lated, altered or falsifed any of his books, doc
uments, papers, writings, or securities, or has
ma lie 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 cred>
itors; or has removed or caused to be removed
any part of his property from the district, with
intent to defraud his creditors; or if be has
given any fraudulent preference contrary to the
provisions of this act, or made any fraudulent
payment, gift, transfer, conveyance or assign
ment of any part Of bis property, or has lost any
part thereof in gaming, or has admitted false
or fictitious debt against his estate; or if having
knowledge that any person has proved such
false or fictitious debt, he has not disclosed the
same to his assignee within one month after
such knowledge; or if, being a merchant or
tradesman, be has not, subsequently to the pas
sage of this act, kept proper books of account;
or if he or any person in his behalf has procured



influenced the action of any creditor at any
stage of the proceedings, by any pecuniary con
sideration or obligations or if be has in cons
temptation of becoming bankrupt, made any
pledge, payment, transfer, assignment or con-
veyance of any past of his property, directly or
indirectly, absolutely or conditionally, for the
purpose of preferring any creditor or person
having q claim against him, or who is or may
be under liability for him, or for the purpose Of
V,ra tho A.
hands of the assignee, of being distributed
under this act in satisfaction of his debts; or if
be has been convicted of any misdemeanor un,
der 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 bank
rupt shall take and subscribe an oath to the
effect that be has not done, suffered or been
privy to any act, matter, or thing specified ia
this act as a ground for Withholding such dis
charge, or as invalidating such discharge if
granted.


Sec. 80. And be IL further enacted, That no
person who shall have been discharged under
this act, and shall afterwards become bankrupt,
on his own application shall be again entitled
to a discharge whose estate is insufficient to
pay seventy per centum of the debts proved
against it, unless the assent in writing Of three
fourths in value of his creditors who have proved
their claims is filed at or before the time of ap-
plication for discharge; but a bankrupt who
shall proye,to the satisfaction Of the court that
be has paid all the debts owing by him at the
time of any previous bankruptcy, or who has
been voluntarily released therefrom by bis cred.
itors, shall be entitled to q discharge in the
same manner and with the same effect as if he
had not previously been bankrupt.


Sec. 81. And be il further enacted That any
creditor opposing the discharge of any bankrupt
may file specification in writing of the grounds
of his opposition, and the cour: may in its dis
erection order any question of fact so presented
TO be tried at a stated session of the District
Court.


Sec. So And Be il further enacted, That if it
shall appear to the court that the bankrupt has
in all things confOrmed to his duty under this
act, and that be is entitled, under the provisions
thereof, TO receive 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 follows:


District Court of the United States. District
OF Whereas has been duly ad-
judged bankrupt under the act of Congress
establishing uniform system OF bankruptcy
throughout the United States, and appears to
have conformed to all the requirements of law
in that behalf it is therefore ordered by the court
that said be forever discharged from all
debts aud claims which by said act are made
proyablc against his estate, aud which existed
90 the day Of on which day the pc
ttiou for adjudication was filed by (or againsu
him; excepting such debts, if any, as are BY said
act excepted from the operation Of discharge in
bankruptcy. Given under my hand and the
seal OF the court at in the said district,
this day of A. d.


(Seal) Judge.


Sec. 80 And bsi further enacted, That no debt
created by the fraud or embezzlement Of the
bankrupt, or by his defalcation as a public Off,
Ger, or while acting in any 6duciary Character
vsall be discharged under this act but the debt
may be proved, and the dividend thereon shall
be payment on account OF said debt and no
discharge granted under this act shall release
discharge, or affect any person liable for the
same debt, for or with the bankrupt, either a.
partner, joint contractor, endorser, surety or
otherwise. And in all proceedings in bankrupt-
cy commenced after one year from the time this
act shall so Into operation, no discharge shall
be granted to a debtor whose assets do not pay
my per eentuu Of the claims against his estate,
unless the assent in writing Of a majority in
number and value Of his creditors who have
proved their claims is filed in the case at or be,
'0ss 'he time Of application for discharge.


Sec. "a. AHd Be it further enacted, That dis
euAfge duly granted under this act shall, with
lhe exceptions Aforesaid release TIE hanL r,n,