The New York Herald Newspaper, March 5, 1867, Page 4

4 NEW YORK HERALD, TUESDAY, MARCH 5, 1867.—TRIPLE SHEET. GENERAL BANERUPT LAW. Reli« for Old and New Bankrupts, Provisions for Votuntary and Invoi- untary Bankruptcy, PROPERTY~ LXEMPTED UNDER THE ACT. the following is the text of the very important Bank- rupt bill agreed upon by the Conference Committees and adopted by each house of Congress. Tho President has eignod it, and the bill is therefore nowa law of the land :— AN AOT TO ESTABLIBY A UNIFORM SYSTEM OF BANKRUPTOY THROUGHOUT THE UNITED STATRS. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assein- bled, That the several district courts of the United States be, ‘and they hereby are, constituted courts of bank- Tuptey, and they sball have original jurisdiction in their reapective districts in all matters and proceedings in bankruptcy, and they are hereby authorized to hear and adjudicate upon the same according to the provisions of thisact. The said courts shall be always open for the transaction of business under this act, and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time, and a judge sitting at chambers shall have the same powers aud jurisdiction, including the power of keeping order and of punishing any coutempt of his authority, as when sitting in court. And the jurisdiction hereby confer- red shall extend to all cases and controversies arising between the bankrupt and any creditor or creditors who shall claim any devt or demand under the bankruptcy; to the collection of all the assets of the bankrupt; to the ascertainment and liquidation of the liens and other spe- cific claims thereon; to the adjustment of the various priorities and conflicting interosts of all parties; and to the marshaling and disposition of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among all the creditors; and to ali acts, matters and things to be done under and in vir- tue of the bankroptey, until the final distribution and settloment of the estate of the bankrupt, and the close of the proceedings tn bankruptcy, Tne said courts shall have full authority to compel obedience to all orders and decrees passed by them m bankruptey, by process of coatempt and other remedial process, to the same extent that the circuit courts now bave in any suit pending therein in equity. Said courts may sit for thetransaction ot business in bankruptcy at any place in the district, of which place, and the time of holding court, they shall have given notice, as well as at the places designated by Jaw for holding such courts, ‘Sec. 2. And be it further enacted; That the several circuit courts of the United States, witbin and for the districts where the proceedings in benkruptcy shall be pending, shall have a general superintendence and juris- diction of all cases and questions arising under this act; and, except when special provision is otherwise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a Court of Equity. The powers and jurisdiction hereby granted may be exercised either by said court or by any justice thereof in term time or vacation, Said circuit courts shall alco have concurrent jurisdiction with ,the district courts of the same district of all suits at law or in equity which may or shall be brought by the assignee in bankruptcy against any person claiming an adverse interost, or by such person against such assiznee, touch- ing any property or rights of property of said bankrupt transferrable to or vested in such assignee; but no suit ‘at law or in equity shall in any case be maintainable by Or against euch assignee, or by or against any person claiming an adverse interest, touching the property and Tights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time tho cause of action accrued, for or against such assignee; provided, that nothing herein contained shalt revive a right of action barred at the time such assignee is appointed. OF THE ADMINISTRATION OF THR LAW IN COURTS OF BANK- RUPTCY Sec. 3. And be it further enacted, That it shall be the duty of the Judges of the District Courts of the United States, within and for the several districts, to appoint in each Congressional district in said districts, upon the pomination and recommendation of the Chief Justice of the Supreme Court of the United States, one or more Tegisters in bankruptcy, to assist the Judge of the Dis ‘twiet Court in the performance of his duties under this act. No person shall be ehgible to such appointment ‘unless be be a counsellor of said court, or of some oue of the Courts of Record of the State in which he resides. Before entering upon the duties of his office, every per- gon 30 appointed a register in bankraptcy shall give a bond to the United States, with condition that he will faithfully discharge the duties of his office, in a sum not less than $1,000, to be fixed by said court, with sureties satisfactory to said court, or to either of the said justices thereof; and he shall, in open court, take and subscribe the oath prescribed ‘in the act entitled “An act to pre- scribe an oath of office, and for other purposes,’’ aj | sae July 2, 1862, avd also that he will not during ‘8 continuance in office be, directly or indirectly, inter- ested in or benefitted by the fees or emoluments arising from any suit or matter pending in bankruptcy, in either the district or circuit court in his district, Sxc. 4. And be it further enacted, that every register in bankraptey, so appointed and qualified, shall have power, and it shall be his duty, to make adjudication of bankruptcy, to receive the surrender of any bank- rupt, to administer oaths in all proceedings before him, to hold acd preside at meetings of creditors, to take proof of debts, to make all computations of dividends, and ali orders of distribution, and to furnish the aasignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case, to audit and pass accounts of assiguees, to grant pro- tection, to pase the last examination of any bankrupt in cases whenever the assignee or a creditor do not oppose, and to sit in chambers and despatch there such part of the administrative business of the court and such uncontested —, shall be defined m general rales and orders, or as the District Judge shail in any par- ticular matter direct; and he shall also make short memo- randa ot his proceedings in each case 1n which he shallact, in a docket to be kept by him for that purpose, aud he shall forthwith, as the proceedings are taken, forward to the Clerk of the District Court a certified copy of said memoranda, which shall be entered by said clerk in the proper minute book to be kept in his office, and any register of the court may act for any other register thereof: Provided, however, that nothing in this section contained shall empower a register to com- mit for contempt, or to hear a disputed adjudication, or AD question of the allowance or suspension of an order of discharge; but in all matters where an tesue of fact or of law is raved and contested by any party to the pro- ceedings before him, it shail be bis duty to cause the question or issue to be stated by the opposing parties In writing, and he ehall adjourn the sane into court for decision by the judge, No register shall be of counsel or attorney, either in or out of court, in any suit or matter pending im bankrupicy in either the Cirouit or District Court of his district, or tu an appeal therefrom; nor shail he be executor, adtninistrator, guardian, com- missioner, appraiser, divider or assignee of or upon any estate within the jursdietion of either of said couris of bankruptcy, nor be interested in the fees or emoluments arising from either of said trusts. The fees of said Fogisters, as established by this act, and by the general rules and orders required to be framed under it, shal be paid to them by the parties for whom the services may be rendered in the course of proceedings authorized by this act. Pre. 5. And be it farther enacted, That the Jodge of the District Court may direct a register to attend at any place within the district tor the purpose of hearing such voluntary applications ander this act as may not be op- posed, of attending any meeting of creditors, or receiv- ing any proofs of debts, and, generally, for the proseca- tion of any bankruptey or other proceedings under this act; and the travelling apd incidental expenses of such Rogieter, and of any clerk or othor Ofticst attending him, incurred im 80 acting, shall be settled by said court in accordance with the rules prescribed nnder the tenth » of this act, and paid out of the assets of the n respect of which such register has so acted; or yh assets, or If the assets shall be in- ch expenses shall form a part of the or cases In which the register shail such journey, to be apportioned by the egister, 80 acting, shail have apd oxer- powers, except the power of commitment, vo-ted in tne District Court for the summoning and examina- tion of persons or witnesses, and for requiring ro a of books, papers and documents. Provided That all depositions of persons and witnerses petore said rogister, and all acts done by him, li be reduced to writing, and be signed by hiip, and be tiled in the clerk's office as part of the proceed- ings. Such register shall be subject to romoval by the Judge of the District Court, and all vacancies occurring by such removal, or by resignation, change of res idence, death or disability, shat! be promptly filled by other fit Persons, unless said court shall deom the continuance of the particular office unnecossury, Seo. 6 And be it further enacted, That any party aball, during the proceedings before a Rexister, be at Iigerty to take the opinion of the District Judge upon any nt oF matter arising in tue course of such of upon the result of such proceedi cl stated by the Register in the abape o PS tae eruifcale to the Judge, who shail sign the same if be approve thereot ; and such certificate, so signed, shall be binding On ali the parties to the proceeding; bat every auch cer tiflcate may be discharged or varied by the Judge at chambers of in open court, In any bankruptcy, or in avy other proceedings within the jurisdiction of the court, under this act, the parties concerned, or ting to such jurisdiction, may at any singe of ceedings, by consent, state any question or q\ a special. case for the opinion of the Court, and the judg. ment ot the Court shall be final, unless it be agrecd aud | stated in such special case What elther party inay appeal, if, in sueh case, an ie allowed by this act. The parties may also, if they think fit, agres, that upon the question or questions raised by such spec foally decided, a.gum of money, fixed by to be asveriained by the Court, ori such inanier ay Court may direct, or any property, oF the amount of dispated debt or claim, shall dolivered or trans ferred hy one of such parties to other of them either ‘With 6r without conte, Keo. 7, And be it farther enacted, That parties and ‘Witneszes summond before # Register shall be bound to attend {n pursuance of sach simmons at the place cod time designated therein, and shall be entitled to prove. tion, and be liable to procoss of Contempt io like man. néf i< Parties and witnegeer WPS How liable there's In | * ( salt in attendance under any w f persons wilifully and cor bildruing iaoly before» Recistor shai vo the penalties, punis)m nts and consequences of perjury. If any person examined before a rogister shall refuse or decline to answer, or to swear to or sign his examination when taken tie fegister shall refer the matter to the Judge, who shail have power to order the person s0 act- ing 10 pay the ensts thereby occasioned, if such person be compellable by law to answer such question or to sgn such examination, and such person shall also be liable to be punished for contempt. or Ape ASD PRACTICE. Sve. 8. And be it further enanieds. That appeals may be taken from the District to the Circuit Courts in all cases in equity, and writs of error may be allowed to Circuit Courts from eaid District Courts in cases at Jaw under the jurisdiction created by this act when the debt or damages claimed amount to more than $509, and any 6 creditor, whose ciaim is wholly or in part Or an assicnee who is dissatisfied with the allowance of claim, may appeal from the decision of the Distriet Court to ae neo Court for the supe district, ‘BO apt lowed in any case from the Disirit to the Gireuit Court uniess itis claimed, and notice given thereof to the Clerk af the District Cou to be entered with the record of the proceedings, an: also to the assignee or creditor, as the case may be, or to the defeated party in equity, within ten days af:er the entry of the decree or decision appealed from. The peal shall be entered at the term of the Circuit Court which shall be frst held within and for the district next after tl xpiration of ten days from the time of claim- ing the same. But if the appellant in writing waives his appeal before any decision thereon proceedings may be had in the District Court as if no appeal had been taken, and no appeal shall be allowed unless the appel- lant at the time of ciaiming the same shall git nd in manner now required by law in cases of auch appeals, No writ of error shall be allowed unless the claii ing it shall comply with the statutes regulating the granting of such writs. ‘Sec. 9. And be it further enacted, That in cases arising under this act no appeal or writ of error shall be allowed in any case from the Circuit Courts to the Supreme Courts of the United states, unless the matter in dispute in such case shall exceed $2,000. Sec. 10, And be it farther enacted, That*the Justices of the Supreme Court of the United. States, subject to the provisions of this act, shall frame general orders for the following purposes :— For regulating the practice and procedure of the Dis- trict Courts in bankruptcy, and the several forms of peti- tions, orders and other proceedings to be used im said in all matters under this act; For regulating the duties of the various officers of said courts; For regulating the fees payable and the charges and costs to be allowed, except such as are established by this act or by law, with respect to all proceedings in bankruptcy before said courts, not exceeding the rate of tees now allowed by law forfsimilar services in other For regulating the practice and procedure upon ap- peals; be regulating the filing, custody and inspection of records; ‘And generally for carrying the’ provisions of this act into effect. After such general orders shall have been so framed, they or any of them may be rescinded or varied, and other general orders may be framed in manner afore- said; and all such general orders so framed shall from tume to time be reported to Congress, with such sugges- tions as said justices may think proper. VOLUNTARY BANKKUPTCY— COMMENCEMENT OF PROCREDINGS, 8xc. 11. And be it further enacted, That if any person residing within the jurisdiction of the Unit St owing debts Binney under this act exceeding the amount of $300, shall apply by petition addressed to the judge of the judicial district in which such debtor has resided or carried on business for the six months next immediately preceding the time of filing such petition, or for the longest period during such six months, setting forth his place of residence, his inability to pay all his debts in full, bis willingness to surrender all his estate and effects for the benefit of his creditors and his desire to obtain the benefit of this act, and shall annex to his petition a schedule, verified by oath before the court, or before a register in bankruptcy, or before one of the commissioners of the Circuit Court of the United States, containing a full and true statement of all his dobt and, as far.as possible, to whom due, with the place residence of such creditor, if known to the debior, and if not known the fact to be so stated, and the sum due to such creditor; also the nature of each debt or demand, whether’ founded on written security, obliga- tion, contract or otherwise, and also the true cause and consideration of such indebtedness in each case, and the place where such indebtedness accrued, and a statement of any existing mortgage, pledge, lien, judgment or collateral or other security given for the payment of the same; and shall also annex to nis petition an accurate inventory, verified in like inanner, of all his estate, both real and’ personal, assignable undor this act, describing ‘the same, and stating where it is situated, and whether there are any, and if #0, what iIncumbrancea thereon, the filing of sach’petition shall be an act of bankruptcy, and such petitioner shall be adjudged a bankrupt. Provided, thas all citizens of the United States petitioning to be declared bankrupt shali, on filing such ponent before any proceedings thereon, take and subscribe an oath of allegiance and fidelity tu the United States, which oath shall be filed and recorded with the proceedings in bankrupte and Tied of the District Court, or, if here ing 7 ANY Tegister o court, to ‘be deal; Ty the judge, shall forthwith, if he. be satisfied that the debts due from the petitioner exceed $300, issue a warrant, to be signed by such judge or Togister, directed to the marshal of said district, author- izing him forthwith, as messenger, to publish notices (n such newspapers as the warrant specifies; to serve written Or printed notice, by mail or.personaily, on all creditors upon the schedule filed with the dedtor’s petition, or whose names may be addition, by the debtor, and to give 7 other notice to any persons concerned fs the warrant specifies, which notice shall state:— First—That a werrant in bankruptcy has been issued against the estate of the debtor. Second—That the payment of any debts and the de- livery of avy property bp ‘to such debtor to him or for his ase, aud the transfer of any property by him, are forbidden by law. Third—That a meeting of the creditors of the debtor, giving the names, residences and amounts, so far as known, to their debts and choose one or more ‘assignees of his estate, will be held at a Court of Bank- raptcy, to be holden at a time and place designated in the warrant, vot less than ten nor more than ninety days after tue issuing of the same. OF ASSIGNMENTS AND ASSIGNEES. Sec. 12. And be it further enacied, That at the meet- ing, held in pursuance of the notice, one of the regis- ters of the court shall preside, and the messenger shall make return of the warrant and of his doings thereon; and if it appears that the notice to the creditors hus not been given as required im the warrant, the meoting shall forthwith be adjourned, and @ new notice given as re quired. If the debtor dies after the issuing of the war. rant, the proceedings may be continued and concluded in like manner as if he bad lived. ‘Sec, 13. And be it further enacted, That the creditors shail, at the first meeting Leld after due notice from the messenger, in presence of a regisior designated by the court, choose one or more assignees of the estate debtor; the choice to be made by the greater part in value and in number of the creditors who have proved their debts, If no choice is made by the creditors at said meeting, the judge, or, if there be no opposing in- terest, the register, siall appoint one or more assignees, If an assignee, so chosen or appointed, fails within five days to express in writing bis acceptance of the trust, the judge or register may fill the vacancy. All elections or appointments of assignees shall be subje€t to the ap- proval of the judge; and when in his judgment it is for any cause needtul or expedient, he may appoint addi- tional assignees, or order a new election, The judy any time may, and upon the request in writing of any creditor who has proved his claim, shall, require the as- signee to give good and sufficient bond to the United Siates, with a cundition for the faithful performance and discharge of his duties; the bond shall be approved bj the judge or register by his endorsement thereon, aball be filed with the record of the case, and inure to the beaeiit of ail creditors proving their claims, and may be prosecuted in the name and for the benefit of the injured party, If the assignee fais to give the bond within such time as the judg» orders, not excecdiug ten days after potice to lum of such order, the judge remove him and appo.ni another in his place, Sxc 14. And be it further enacted, That as soon as said assignee is appointed and qualified, the judge, or where there is no opposing interest, the register, shail, by an tastrament under his band, assign convey to the assignee all the estate, real and personal, of the bankrupt, with ail his deeds, books and papers relating thereto, and such assignment shall relate back to the gommencement of said proceedings in bankruptcy, and therenpon, by operation of law, the title to all such property and estate, both real and shall vest in said assignee, although the same is then attached on meene as the perty of the debtor, and shail dissolve any such attachment made within four months next preceding the commencement of said ing provided, however, that there shall be excepted from the operation of the provisions of this section the neces- sarv household and kitchen furniture, and such other articles and necessaries of such bankrupt as the said as- signee shall designate and set apart, having reference in the —— » poh ag condition circum stances of w ru but altogether not to exceed in value, in any cai the ven of $600; and also wearing apparel of such bankrapt, and that of his wife and ebiidren, and the uniform, arms and equipments of any person who ts or has been a sol. dier in tho militia or in the service of the United States; and such other property as now is, or hereafter shall be exempted from attachment, or seizure, or lev: on execution by the laws of the United States, and su: othor property not included in the fc ing exemp- tions as is exempted from levy and sale upon executton or other process or order of court by the laws of the Stave in which the bankrupt has his domicile at the time of the commencement of the proceed: in bank- ruptey, to ah amount not exceeding that allow- ed by etch State cxemption laws in force in the yoar 1864; provided that the foregoing exception shall operate as © limitation upon the conveyance of the property of the bankrupt to his assignees; and In no case shall the y hera- by excepted pass to the Lamp ye A ile of the bankrupt thereto be impaired or by any of the provisions of this act; and the determination of the as- signees in the matter shall, om exception taken, be sub- ject to the tinal decision of the said court. And pro- vided farther, that no m of any Yesee! or of any other goods or chattels, made as security for any debt or debts, {n good faith and for present considerations wise valid, and duly recorded, pursumnt to an statute of the United states, or of any State, shall bet validated or affected bereby ; and ail the property conve: bankrupt in fraud of bis creditors; all righ’ choses inaction, patents and patent righws nyrights: all debts due him, or any for and person bis use, and all liens and securities therefor; and ail his rights of nction for property of egiate, real or Pereonal. and for any fi netion which the bank- rupt hed eb any person arising from contract or from the fol taking or detention, CaS wo the property of the bankrupt, and all bis tghte of re- deerning eleh property or estate, with the Hike right, title, p manage, dis t, ste for ond the enrne, an the bai might ot ¢ 1d aye had if po tes enn cnt hid Beem is 16, sual tn vivtas of Ge affudiention of bankraptey: a the appo'ntr 1 bis assignee, at ones vested in such assignee. and he may suc for and recover the said estate, deviy aud ollects, and way prosecute and deiend all suits at law or in equity, pending at the time of the adjudication of bankraptey, in which such bankrupt is a party in bis own name, ip’ the same manver and with tue fie effect as they might have been prosecuted or defended by such bankrupt; and a copy, duly certified by the clerk of the court, ander the sea! thereof, of the assignment made by’ the judge or register, as the case may be, to him as assignee, sball be con- elusive evidence of his ttle as such assignee to take, hold, aue for and recover the property of the bankrupt, a herembefore mentioned; but no property held by the baukrupt in trast shall pags by such assignment. No person shall be entitled to maintain an action against an assignee in bankruptcy for anything done by him as such assignee without previously giving him twenty days’ no- tice of such action, specifying the cause thereof, to the end that such assignee may have an opportunity of ten- dering amends, should he see fit to do #0. No person shall be entitled, as against the assignee, to withnold from him possession of any books of account of the bank- rupt, or claim any lien thereon; and no suit in which the assignee is a party shall be abated by his death or re- moval from office, but the same be prosecuted and defended by his successor, or by the surviving or remain- img nee, a8 case may be. The assignee shall have authority, under the order and direction of the court, to redeem or discharge any mortgage or condi- tional contract, or pledge or deposit, or lien upon any property, real or personal, whenover payable, and to ten- der due performance of the condition pip Monin sell the same subject to such mor! », hen or cumbrances. The debtor shall also, at the request of the agsignee and at the expense of the estate, and exe- cute instruments, deeds and writings which may be pate ry enable the assignee to himself fully of all the assets of the bankrupt, The assignee shall imme- diately give notice of his appointment, by publication at least once a week for three successive weeks in such newspapers as shall for that purpose be designated by the ceurt, due regard being bad to. their general circula- tion in the ‘istrict or in that portion of the district io which the bankrupt and his creditors shall reside, and shall, within six months, cause the assignment to bim to be recorded in every registry of deeds or other office within the United States where a conveyance of any lands owned by the bankrapt ought by law to be record- ed; and the record of such assignment, ora duly certified copy thereof, shall be evidence thereof in ail courts. Sec 15. And be it further enacted, That the aasiguee shall demand and receive from any and all persons hold- ing the same all the estate assigned, or intended to be assigned, under the provisions of this act; and he sball sell all such unencumbered estate, real and personal, which comes to his hands, on such terms as he thinks most for the interest of the creditors; but upon petition of any person interested, and for cause shown, the court may make such order concerning the time, place and manner of sale as will, in its opinion, prove to the in- terest of the credilors; and the assignee shall keep a regular account of all money received by him as assignee, to which every creditor shall, at reasonable times, have free resort. Sxc, 16. And be it further enacted, That the assignee shall bave the like remedy to recover all said estate, debts and effects in his own name, as the debtor might have had if the decree in bankruptcy had not been ren- dered and no assignment had been made, If, at tue time ‘of the commencement of proceedings in bankruptcy, an action is pending in the name of the debtor for the re- covery of a debt or other thing which might or ought to pass to tho assignee by the assignment, the assignoe shall, if he requires it, be admitted to prosecute the action in bis own name, in like manner and with like effect as if tt had been originally commenced by him. No suit pending in the name of the assignee sball be abated by his death or removal; but upon the motion of the surviving or remaining or new assignee, as the case may be, he shall be admitted to prosecute the suit in like manner and with like effect as if it had been originally commenced by him. In suits prosecuted by the assignee a certified copy of the assignment made 10 him by the judge or register shall be conclusive evidence of his authority to sue. Sec. 17. And be it further enacted, That the assignee shall, as soon as may be after receiving any money be- longing to the extate, deposit the same in some bank in his name as assignee, or otherwise keep it distinct and apart from all other money in his possession; and shall, ‘ag far as practicable, keep all goods and effects belong- ing to the estate separate and apart from all other goods in his possession, or designated by appropriate marks, so that they may be easily and clearly distinguished, and may not be exposed or | to be taken as his property or for the payment of his debts. When it appears that the distribution of the estate may be delayed by litiga- tion or other cause, the court may dirct the tem. porary investment of the money belongi to such estate in securities to be approved by the judge or a register of said court, or may authorize the same to be deposited in any convenient bank upon such interest, not exceeding the legal rate, as the bank may contract with the agsignee to pay thereon. He shali give written notice to all known creditors, by mail or otherwise, of all dividends, and such notice of meetings, after the first, as may be ordered by the court. He shall be allowed, and may retain out of money in his handa, all the neces- sary diebursements made by him in the discharge of his duty, and a le compensation for his services, in the discretion of the court. He may, under the direction of the court, submit any controversy arising in the ret- tlement of demands against the estate, or of debts due to it, to the determination of arbitrators, to be chosen by him and the other party to the controversy, and may, ‘under such direction, compound and settle any such con- troversy, by agreement with the other party, as he thinks proper and most for the interest of the creditors, Seo. 18. And be it further enacted, That the court, after due notice and hearing, may remove an assignee for any cause which, in the judgment of the court, ren- ders such removal or expedient. At a meeting called by order of the court in its discretion for the pur- pose, or which shall be called upon the application of a majority of the creditors if nun.ber and value, the cred- itors may, with consent of the court, remove any as- signee be such a vote as is hereinbefore provided for the choice of assignee, An assignee may, with the consent of the qadge, resign bis trust and be discharged there- from, Vacancies caused by death or otherwise in the office of assignee may be filled by appointment of the court, or at its discretion by an election by the creditors, in the manner hereimbefore provided, at a regular meot- ing, or ata meeting called for the purpose, with such notice thereof in writing to all known creditors, and by such person as the court shall direct. The resignation or removal of an assignee shall in no way release him from performing ali things requisite on bis part for the proper closing up of his trust and the transmission thereof to his successors, mor shall it affect the lability of the principal or surety onthe bond given by the assignee. When, by death or otherwise, the number of assignees is reduced, the estate of the debvor not lawfully disposed of shall vest in the remaining assignee or assig selected to fill vacancies, if any, with and duties relative thereto as if they were yinally chosen, Any former assignee, his executors or adminis- trators, upon request, and at the expense of the estate, shall make and execute to the new ee ail deed: conveyances and assurances, and do all other lawful acts requisite to enable him to recover and receive all the estaté, And the court may make all orders which it may deem expedient to secure the proper fulfilment of ‘the duties of any former assignee, and the rights and interests of all persons interested in the estate. No person who has received any preference conti to the Provisions of this act shall vote for or be eligfbie as as- signee; but no title to property, real or personal, sold, transferred or conveyed by an assignee, shall be aflected or impaired by reason of hi: igibility. An assignee refusing or unreasonably neg! ig tO execute an in- strument when lawfully required by the court, or dis- obeying a lawful order or decree of the court in the premises, may be punished as for a contempt of court. OF DEB'S AND PROOF OF CLAIMS. Src. 19. And be it further enacted, That all debts due and payable from the bankrapt at the time of the adjudi- cation of bankruptcy, and all debts existing but not payable until a future day, a rebate of interest being made when no interest is payable by the terms of con. tract, may be proved agamst the estate of the bankrupt, All demands aganst the bankrupt for or on account of any goods or chattels wrongfully taken, converted or withheld by him may be proved and allowed as debts to the amount of the value of the property so taken or withhold, with interest, If the bankrupt shall be bound as drawer, indorser, surety, bail or guarantor upon any bill, bond, note, or any other jalt speci: lebt of an person, ani abil kil not bate beottie absolute until, after t adjudication of bankruptcy, the creditor may prove the same after such liability shall have become and before the final dividend shall have deen declared. In ali cases of contingent debts and contingent liabilities contracted by the bankrupt, and not herein otherwise dy on for, the creditor may make claim ve his claim allowed, with the right to share in the 6 divide if the contingency shall happen before the pvr wood final dividends or he may at any time 2 ey, Se eae the present value e debt of liability ascertained and liquidated, which shall then be done in such manner as the court shall order, he shall be allowed prove for the amount so ascertained. Any person liabl as bail, surety, guarantor, or otherwise for the bankru who shall hav id the debt, or any part thereof, in Frese made after the in commenced. And tay perete oe his for kro and who bas not paid the whole of said dobt, but is stil lable for the same or any part thereof, may, if the credi- tor shall fail or omit to prove such debt, provethe same either in the name of the creditor or otherwise, as may be ided by the rules, and sul le gh- geeony and limitations as may be ished by roles, ‘Where the bankrupt is liable to pay rent, or other debt falling due ‘at fixed and Fo] period '@ for & proportionate ereof up the bankruptey, as if the same grew due day, and not at’ such fixed and stated bankrupt shail be liable for unliqui ‘damages out of any contract or promise, on account oods or chattels wrongfully tak fied, the court may cause such in such mode as it may deem best, sessed may be proved against thelestate. than those above specified shall be pro against the estate, Sno, 20, And be it further enacted, s Hi z i RES i iF alee eS § i 8 4 5 hi Fa a 8 5 i ik a of mutual debts or mutual credite bet the account between them shall be ay m4 allowed or paid, but no set-off shall be allowed ot a claim in ite natare pot provable against the fa to the bankrupt of a claim purchased by or transferred to bim after the filing of the petition, "Wiven credivor ‘8 lien thereon for securing the debt owing to him from the bankrapt, be after deductiog the value of sach property, to tained by agreement between him Sea the aasignes, court shall direct; or the creditor may release or com | his claim to the assignee upon such Tropert and be ad- | | | < set off against the other, and the that no set-of shall be allowed in & mortgage or pledge of real or personal property of Samitted ae a creditor only for the balance of the by a sale thereof, to be made in manne! mitted to prove his wi dept, If the proporty exceeds tue sam for which itis so heid carily, the assignee may release to the the bankrupt’s right of redemption therein on subject to eh excess; oF Le may soll the itn Of the creditor thereon; and in | Bgnee and credior, respectively, shall execute all deeds aud writings necessary or proper to consummate the { Urausagliva, Lf tuo property is not go sold or the creditor shall not be allowed to y part of his debt, And be itfurther enacted, That no creditor Proving his debt or claim shall be allowed to maintain ‘any suit at law or in equity therefor against the bank- rupt, but shall be deemed to have waived all right of ac- tion and uit against the bankrupt, and all proceedings ready commeu or unsatisfied judgments already ob- tained thereon, eatlall be deemed. tobe discharged and surrendered thereby; and no creditor whose debt is proveable under this act shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the Daprenh, a8 ) the questivn of the debtor's diacharge shall have been determined ; and any such suit or proceedings shall, upon the application of the bank- Tupt, be stayed to await the determination of the Court in Bankruptcy on the question of the discharge, provided there be no unreasonable delay on the part of the bank- eS endeavoring to obtain his discharge, and pro- vided, also, that if the amount due the credicor is in dispute, the suit, by leave of the Court in Bankruptcy, may pres, to judgment for the purpose of ascertain- ing the amount due, which amount may be proved in bankruptcy, but execution shall be stayed as afore- said. If any bankrupt shall, at the time of adjudi- of exchange, issory. Pa. #5 spat i pect prom or other ol ion in res] bf distinct » contracts as a member of two or more firms carrying on and distinct trades, and having distinct estates to ound up in bankruptcy, or as a sole trader and also as a member of a firm, the cir- cumstance that such firms are in whole or in part com- posed of the same individuals, or that the sole contractor is algo one of the contractors, shal! not prevent proof and receipt of dividend 1 respect of such distinct contracts against the estates respectively liable upon such contracts, ‘Sec. 22. And be it further enacted, That all proofs of debts against the estate of the bankrupt, by or in behalf of creditors residing within the judicial district wnere the proceedings in bankruptoy are pending, shall be made before one of the registers of the court in said dis- them reside, or before any Commissioner of the Circuit Court authorized to adminis- ter oaths in any district, To entitle aciaimant against the estate of a bankrupt to have his demand allowed, it must be verified by a deposition in wri on oath or solemn ati. before the ae or commissioner setting forth the det the consid- eration thereof, whether any and what securities are held therefor, and whether any and what paymonts have been made thereon; that the sum imed is justly due from the bankrupt to the claimant; that the cloimant has not, nor has avy other person, for his use, received any security or satisfaction whatever other than by him set forth; that the claim was not procured for the pu: of influencing the proceedings under this act, and that no bargain or agreement, expressed or im- plied, has been made or entered into, by or on behalf of such creditor, to sell, transfer or dispose of the said claim, or any part th against such bankrupt, or take or receive, directly or indirectly, any money, prop- erty or consideration whatever, whereby the vote of such creditor for assignee, or any action on the part of such creditor or any other person in the proceed- ings under this act, is or shail be in any way af- fected, influenced or controlled, and no claim shall be allowed unless all the statements set forth in such depo- sition shall appear to be true, Such oath or solemn af- firmation shall be made by the claimant, testifying of hiz own knowledge, unless he is absent from the United States or prevented by some other good cause from testi- fying, in which cases the demand may be verified in like mannor by the attorney or authorized agent of the com- plainant testifying to the best of his knowledge, intor- mation and belief, and setting forth his means of knowledge; or if in a foreign country, the oath of the ‘creditor may be taken before any minister, consul or vice consul of the United States; and the Court may, if it shall see fit, require or receive further pertinent evidence, either for or against the admission of the claim. Corporations may verify their claims by the oath or solemn affirmation of their prest- dent, cashier or treasurer. If the proof is satisfactory to the Register or Commisstoner, it shall be signed by the deponent, and delivered or sent by mail to the assignee, who shall examine the same and compare It with the books and accounts of the bankrupt, and shall register, 1 a book to be kept by him for that purpos, the names of creditors who have proved their claims, in the order in which such proet ig received, stating the time of receipt of such proof, and the amount and nature of the debts, which books shall be open to the inspection of all the creditors, The Court may, on the application of the ass'gnee, or of any creditor, or of the bankrapt, or witn- out any application, examine upon oath the bankrupt, or any person tendering or who has made root of claims, and may summon any person capable of giving evidence concerning such proof, or concerning the debt sought to be proved, and shall roject ali claims not duly proved, or where the proof shows the claim to be founded in fraud, bay oe Ay mistake, , And be it farther enacted, That when aclaim is presented for proof before the election of the assignee, and the Judge entertains doubts of 1ts validity or of the Tight of the creditor to prove it, and is of opinion that such validity or right ought to be investigated by the as- signee, he may postpone the proof of the claim until the assignee is chosen. Any person who, after the approval of this act, shall have accepted any preference, having reasonable cause to believe that the same was made or gre the debtor, contrary to any provision of this act, i not prove the debt or claimon account of which the preference was made or given, nor shall he receive any dividend therefrom until he shall first have surrendered to the assignee all property, money, benefit or advantage received by him under such preference. The Court shall allow all debts duly proved, and shall cause a list theroof to be made and certified by one of the registers; and any creditor may act at all meetings by hind ‘duly constituted attorney the same as though per- sonally present, ‘Sno, 24. And be it further enacted, that a supposed creditor who takes an appeal to the Circuit Court from the decision of the District Court rejecting his claim, in whole or in shall, upon entering his appeal in.the Circuit Court, file in the clerk’s office thereof a atate- ment in writing of his claim, setting forth the same, sub- stantially, as in a declaration for the same cause of action ko manner and fike. proceedings shall thereupon be @ manner, and like shail thereupon had in the trial and determination of the cause, as in an action at law commenced and prosecuted, in the usual manner, in the courts of the United States, except that no execution shat! be awarded against the assignee for the amount of a debt found due tothe itor, The final judgment of the court shall be con- clusive, and the list of debts shall, if necessary, be al- tered to conform thereto. The party prevailing in the suit shall be entitled to costs against the adverse party, sgatnat tbe ‘assignee they" shall be. allowed out of th C they shall lowed out of the estate. A bill of exchange, promissory note, or other instrument, used in evidence upon the proof of a claim. and left in court, or deposited in the clerk’s office, may be delivered, by the register or clerk having the custody thereof, to the person who used it, upon his filing copy thereof, attest by the clerk of the court, who shail endorse upon it the namo of the party against whose estate it has been proved and the date and amount of any dividend declared thereon OF PROPERTY PERISHABLE AND IN DISPUTE. Sec, 25, And be it further enacted, That when it ap- pears to the satisfaction of the court that the estate of the debtor, or any part thereof, is of a perishable nature, or liavle to deteriorate in value, the court may order the game to be sold, in such manner as may be deemed most expedient under the direction of the register or as- signee, as the case may be, who shall hold the funds re- ceived in place of the estate di: of; aud whenever it appears to the satisfaction of the court that the title to any portion ae aig, Hee). Fe |, which has come into ion of the assignee, or which is claimed by him, is in dispute, the court may, upon the petition of the , and after such notice to the claimant, his agent or attorney, as the court shail decom reasonable, order it to be sold, under the direction of the assigne:, who shall hold the funda received in place of the estate disposed of ? and the is of the sale sbali be con- sidered the measure of the value of the property in any snit or controversy between the parties in any courts. But this provision shall not prevent the recovery of the property trom the posseasion of the assignee by any proper action commenced at any time before the court orders the sale. RXAMINATION OF BANKRUPTS. enacted, That the court the assignee in bankruptcy, itor, or without any application, at all times require the bankrupt, apon le notice, to attend and submit to an examination, on oath, upon all matters relating to the disposal or condition of his property, to his trade and dealings with others, and his accounts concerning the to all debts die to or claimed hatrne| and to Pay y eevee od ast his propert; estate, ani e lement —— 2 law..which examination shall be in writing, and shail be by the bankrupt and filed with ings; and the court may, in like manner, uire the attendance of any other person as a witness, aaa if such person shall fail to attend on being sum- moned thereto, the court may compel his attendance by warrant directed to the bh: commanding him to arrest such mn and bring him forthwith before the court, or be! arogister in bankruptcy, for examin- ation as such witness. If the ikrupt is im- absent or from attendance, the court may order him to be produced the jailor, or any officer in whose custody he may or may direct examination to be had, taken and cor- tifed, ‘at such time and place and in such manner as the court may deem proper, and with like effect as if such examination had been bad in court. The bankrupt shall a all times, until his discharge, be subject to the order of the cou Lent Ripe digen temtinipe execute all proper writings and instruments, and do an perform all acts required by the court touching the as iy oF estate, and to enable the assignee to ok all the signed rt} demand, recover and receive property and estate wherever situated; and for a es tool bey ras the court, such bankrupt may be comm! and punished for a contempt the bankrupt is without the dist cure snd preset cs any eae Cade do 0 acts whic! Speci or por suse to this ction, and if it That one ab- gence was nut caused by willful jt, and if, as soon ‘a8 may be after the removal of such impediment, he offers to attend and submit to ibe one’ of the court in all ta, he shall be itted to do 80, With like effect as if he had not in default, He shall also be at liberty from time to time, upon oath, to amend and correct his schedule of creditors and property, 80 that the same shall conform to the the wife of any bankrupt may to the end that rit’ nes; and if wae wi do ry For good cause shor tie may bo oxamined as 8, witness she may oxamined as a + ‘not attend at the time and place the order, ~ vara shall = pee . discharge e shall prove to the satisfact! was anable to are the attendance of his wife. No vite ctl aie ety aya of t in ru in cles ine same te founded on some debt or claim from which his discharge in bankruptcy would not re- Tease bim, DISTRIBUTION OF THE jer yh eft et se dT Aud be it farther ye ail creditors whose debts are daly proved Shall be en- titled to share in the bankrupt’s and estate pro ra’a, without any priortty Lg Sdtanee whatever, ex- or cept that wages due from him to any operative or clerk, or house servant, to an amonnt not exceeding $50, for iahor performed within six months moxt pre in fiduciary character, be discharged th: v9 but the debt may be proved, and the dividend thereon shall be a payment on account of said debt; and no discharge granted under this act shall release, discharge or atlect any person liable for the same debt for or with the bankrupt, either as partner, joint con- tractor, endorser, surety or otherwise. (And in all ecedings in bankruptey, commenced after one year from the time this act shall go into eperation, no discharge shall be granted to a debtor whose assets do not pay fifty per centum 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 ia the case at or before the time of application for dis- ‘And be it further enacted, That a discharge duly granted under this act shall, with the exceptions aforesaid, release the bankrupt from all debts, cl liabilities and demands which were or might have been proved against his estate in bankruptcy, and be pleaded, by asimple avermont that on the day of its date such discharge was granted to him, setting the same forth in hac verba, oa oa aoe comiiese bar to all suite brought on any such ma, es or demands, and the cortiivate shall be conclusive evidence in favor of such bankrupt of the fact and the regalarity of such that any creditor or credi- ceding the adjudication of bankraptcy, shall be entitled to priority, and shall be first paid in full; provided that’ any debt proved by any per- son Hable as bail, surety, guarantor or otherwise, for the bankrupt shail not be paid to the person go Proving the same until eatisfactory evidence shall be Produced of the payment of such debt by such person 80 liable, and the share to which such debt would be en- titled may be paid into court or otherwise held for the benefit of the party entitled thereto, as the court may direct, At the expiration of three months from the date of the adjudication of bankruptcy in any case. oF 80 much ier as the court may direct, the court, upon Tequest of the assignee, shall call a general moeting of the creditors, of which due notice shall be given, and the agsivnee shall then report, and exhibit to the court and to the creditors just and true accounts of all his re- ceipte and payments, verified by his oath, and he shall also uce and file vouchers for all payments for which vouchers shall be required by any rule of the court; he Shall also submit the schedule of the bankrupt’s credit- ors and property as amended, duly verified by the bank- rupt, and a statement of the whole estate of the bank- raj ee ae ascertained, Cs the property recor, eco a perty outstanding, specifying the cau of ite being outstsnaine; also “rtsat a or claims are fa undetermiued, and stating what sum remainsin his At such ‘meet'ng the majority in value of the 8c. creditors present shall determi: rhether any and what Dart of” the ‘nat proceeds of the estat, after deducting than tw Teeaailesty obtained. aoe ae ae and retaining a sum sufficient to provide for all undeter- | ‘Hit it wwe Trem ris thereof, to the mined claims which, by reason of the distant residence im mich’ granted it to set aside and annul the of the creditor, or for other sufficient reason, have not | Court which grav be in writing, shall been Gnd for other expenses and contiugencies, | same, Said application shall aos shall be divided among the creditors; but unless at least in it is intended to give fone half in value of the creditors shail atend such meet- pol ing, forth, the or a e ofthe assigns bo to, deteraniae, Ta ‘cane a civigend to | s70Wnds of avoldance, and no evidence shall be admitted ordered, the shall, within ten days after such | ®# t@ apy other of the said acts; bee se meeting, prepare a list of creditors entitied to dividend, | Sball be subject to wrongs ten: tice Of sald and shall caloulate and set opposite to the name of each | Court. The court shall cause mascuanie Rules te Bie creditor who has proved his clalm the dividend te which } SPplication to be given to sald, bestmps, tad les Bits he is entitled out of the net ‘Of the estate set Bec’ pri If, upon. the hear- part ‘for dividend, and shall be coe rp terse Sohal meets ers on and “that the frauda- ee eee to which he is ent!- lent acts or any of them eet forth as aforesaid by sald shall ee ee such manner as the court may acted, ‘and that said creditor or creditors had no knot Cee aIAt ber had ot the een eae pre, | the same until after the granting of sald discharge, judg mont or earlier if practicable, and a third meeting of ‘ment shall be given in favor of wore oe Reem | se cettnes sua ane ceenes oceania! 8 eel | eaeaied. ‘iald court shall find that said. fraud- dividend then declared, unless any action at law or suit | annulled. as 1! pals cont fm it. in equity be pending, or unless some other estate or ef- | lent acts and all of them bot forth ono Dy pt a pe cote veeeeeat ee the ba cyeae es eeing of said then judg- assignee, in whic case the assignee shall, as soon a | cent shall be rendered in favor of the bankrupt, and may be, convert such estate or effects into money, and within two months after the same shall be s0 converted the same shall be divided in manner aforesaid. Further dividends stall be made im like manner as often as occa- sion requires; and after the third meeting of creditors no further meeting shall be called, unless ordered by the court, If at any time there shall be in the hands of the assignee any oulstandiag debts or other property due or belonging to the estate, which cannot be collected and received be ler assignee without unreasonable or incon- ‘Yor, Suc, 35, And be it further enacted, That if any person, being tneolvent, or in contemplation of insolvency, with fn four months from the filing of the pesition by or against him, with a view to five & preference to any creditor or person baving a claim against him, or who is under any liability for him, procures any part of his i. venient delay or expense, the assignee may, under the Hes direction of the court, sell and assign such debts or other | Property to be attached, jipuontiane’ or seized on ex: property in such manner ax the court shall order. No.| tom, or makes any payment, plodge, aalnmen ie dividend already declared shall be disturbed by reason of | fF Or conveyance of any part of HS poupmary ebbity Soe debts being subsequently proved, but the creditor prov- | Tectly or indirectly, absolutely ve ing such debt shall be entitled to a dividend equal to those already received by the other creditors before any further payment is made to the latter. Pre- Ql attachment, paymel aratory to the fual dividend the assignee shall sub. | Person is insolvent, and that such nn his account to the court and file the and give Pledge, assignment = —e is ae on teed of notice to the creditors of such filing, and shail also give | the provisions of th’ Shy ogame Foal e Y = notice that he will apply for a settlement of his account | the assignee may recover the properly, on Te Teds a and for a discharge from all lability as assignee at a time | {t, from the person so receiving it or 3 to be specified in such notice, and at such time the court shall audit and pass the accounts of the assignee; and such assignee shall, if required by the court, be exam- and if an; being insolvent, or in con! of inmblagany. oe RAnKenDtey. within six months before the filing of the petition by or against him, makes any ined as to the trath of such account, and if found cor. | Payment, sule, assignment, transfer, | cont or ther disposition of any part of his property to any. per- Fect he shall thereby be discharged from all liabitity as | other disposition of any port of ite Brome anim to be aseignee to any creditor of the bankrupt. The court shall thereupon order a dividend of the estate and effects, or of such part thereof as it sees ft, among such of the insolvent, or to be acting in contemplation of {nsol- vency, and that such payment, nafer or other conveyance is mado witha view to creditors as have proved their claims, in proportion to his in the respective amount of their sald debts. In addition | prevent bis property from coming to assignee to all expenses necessarily incurred by him in the execu- or to prevent the same from being distrib- tion of his trust in any case, the assignee shall be en- titled to an allowance for hie services in such case on all moneys received and paid out by him therein, for any sum not exceeding one thousand dollars, five per centum thereon; for any larger sum, not exceeding five thousand dollars, two and a half per centum on the excess over five thousand dollars; and if at any time there shall not be in his hands a sufficient amount of money to such sale, assigi made in the us « 0 the debtor, the fact shall bo prima facie evidence defray the necessary expenses required for the fur- ther “Vxeoution of hie be he shalt not be obliged fraud. oc alge covenant or ran oh arp to therein until the necessary funds are ad- syee ee pelrans oe oer pote ot trust = an ee eee ae ae nec” | a consideration for or with intent to induce Lor dent, mistake or other cause, without fanlt of the as- signee, either or both of the sald second and third meet~ ings should not be held within the times limited, the court may, upon motion of an interested party, order such meetings, with like effect as to the validity of the proveedings as if the meetiyg had been duly held. In the order for a dividend under this section the following to forbear ing the application for discharge of the bankrupt, shell be void; and if any creditor shall obtain any sum of money or other goods, ‘or seourity from any person as an perpen be Sorin pa pose or consenting to such ap} jon creditor so offending shall forceit all right to any or dividend in the entate of ‘bankrupt, and ‘tal also ene pele fe arin ie Riotigeters > and to | forfeit double the value or amount of euch money, ° Firat—The feos, costs and ¢: of suits, and the | fom orpeeeiy ey ioy eens Ty to be recovered several proceeding in bankraptcy under this act, and for Pade at she erie, the custody of property, as berein provided. BANKRUFICY T Second—All debts due to the United States, and ali | SBC. 36. And be it further enacted, That where two taxes and assessments under the laws thereof. ” -or more persons who are partners in trade shall be ad~ judged bankrupt, either on the petition of such Third—All debts due to the State in which the pro- ‘or any one of them, or on the petition of any ceedings in bankruptcy are pending, and all taxes and ssments made the partn ‘a warrant sball issue in the manner pro- sayeeah Wages dua We any cenereieeraiaes (ied by trig. act, upon which all the joint stock ‘and a posed baw si 2 pon property of the copartnership, aud also all the separate focaed ie ber ope _ preooe A $50, labor per- | Stato of each of the partners shall be taken, exce; freation id ee tmeye tains pap red peed Pub- | such parts thereof as are hereinbefore excepied; ant Fifth—All debts due to any person who, by. the ‘laws all the creditors of the company, and the separate credi- of the United States are, or may be entitled toa priority or preference, in like manner as if this act had not been : always rt des 9 that nothing contained in h partne respective ia passed this act shall interfere with the assessment and coliec- the creditors of taxes States co) ip and of the separate eaertaate, Prien) Sener eee neaiemees On thereof aad alter dedactin OF THE BANKRUPT’S DISCHARGE AND ITS EFFECT. Feosin such assignee t Sxc. 29, And bo it further enacted, That at any time | ‘/sbursements, the net proceeds after the expiration of six months from the adjudication | >¢ ated of bankruptcy, or if no debis nave been proved against partnership, and the bankrupt, or if no assexs have come to the hands of vier otegion ol 1° ry any time after the ex; taystaad’ within ous your from the adjcdeten oe zt | shall be any balance of the ‘estate of any part- ruptcy, the may apoly to the ‘court for a dis. | D@T after the payment of is separate debts, ‘such charge irom his and the court shall thereupon or- | balance ‘shall be added to the jointstock for the payment der notice to be given by mail to all creditors who have | % the creditors; and if there sball bo balance proved their debis, and by publication at least once a | of the joint stock after pay: t of the joint . such week in such newspapers as the court shall designate, | balance shall be divided and ‘appropriated to and among 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 creditors shall reside, to partnership had been disso! ron a day appointed for that and 8b any bankruptcy; and the sum so aj printed to the caoee why a discuarge should not. be ‘granted te tie | Separate estate of cach partner sball be applied to the bankrupt. No discharge shall be granted, or, if granted, | Payment of his separate debts; and the certificate of be valid if the bankrupt has wilfully sworn falsely in | “discharge shall be granted or refused to each partaer as his affidavit annexed to his petition, schedule or inven- | the same would or ought to be if the proceedings had tory, or upon any examination in the course of the pro. | Deen against him alone under this act; and tn all-other ceedings in bankruptcy, In Telation to nny material facta | TesPects the proceedings against shall be con- concerning his estate ot his debts, or to aay other mate- | ducted in the like manner as if they bad boen come mal fact, o if be bee concealed any part of his estate Reo and pr - saitet oe = or effects, or an: ‘8 or writings relating thereto, or if — fhe has béon guilty of any fraud or negligence im the | Which the petition is first fied shall retain exclusive care, custody or delivery to the assignee of the ry Jurisdiction over the belonging to him at the time of the presentation of his petition and inventory, excepting such property as he is perimitted to retain under the ‘provisions of this act, or if he has caused, permitted or suifered any waste or destruction thereof; or if, within four months before the commencement of such proceedings, be has od, or case, rc. 37. be it farther enacted, That tho provisions of this act shall apply to all moneyed, business or com- mercial corporations and it stock companies, and that ‘upon the petition of any officer of any such corporation or company, duly authorized a vote of a jority of the corporatore present at any legal meeting called for. the OF upon the petition of any creditor or creditors of such corporation or company, made and pre- sented in the manner hereafter re in — to debtors, tne like proceedings shall be had and as are hereinafter provdad in the case of debtors; and all the provisions of this act which apply to the. debtor, cared his lands, goods, money oF chattels to be sequestered or seized on execution; or if, siace the sage of this act, he has di |, mutilated, Gihered or falsified any of his books, documents, papers, writings or securities, or has made or been privy to the making of any false or fraudulent entry in book of account 0 srother docament, with intent to defidud his creditors; | oF set forth his duties in regard to furnishing schedules or has removed or to be removed, any part of his | 04 imventories, executing papers, subm examina- property from the district, with intent to deiraud his | tons, disclosing, making over, secreting, conesaling, Creditors; or if be has given any fraudulent preference | COmveying, assigning, or paying away his money or pro- cont ‘to the provisions of this act, or made any | Perty, shall in like manner, and with like force, effect and fraudulent payment, gift, transfer, conveyauce or | Penalties, apply to each and every officer of cor- assigament of any part of his property, or has poration or company in relation to the same mat- lost any part thereof in gaming, or has ad- ters concerning the corporation or company, and mitted a false or fictitious debt against hig | ‘he money and ly thereof. All payments, estate; or if, having knowledge that any person has conveyances and assignments juient, proved such false or fictitious ‘Be has not disclosed | S84, void by this act when made by a debtor, the game to his within one month after-such | Sbally in like manner, and to the like exten! knowledge; or tons & merchant or tradesmat with hike remedies, be fraudulent and void when he hag not, subsequently to of this act, kept | made by 9 corporation or company. No allowanco or roper books of account; or if he, or any person in bis | ‘ischarge shall be granted to any or: joint bermit, bes procured the assent of any credlior to his dis- stock company, or to any or. officer or ber charge, or influenced the action of any creditor at any pers Me ah ety A Mw pia by stage of the proceedings, by any pecuniary consideration | P' under this act, shall be Eaairegt, or obligation ; saenanas, in contemplation of becoming all its property and assets shall be distribated to bankrupt, made any pledge, payment, transfer, assign- creditors of such corporation in the manner provided in ment or conveyance of any part of his property, directly this act in respect to natural persons, is or indirectly, absolutety or conditionally, for the Purpose OF DATES AND DEPOSITIONS. of any Creditor or person having aciaim ‘Sno, 38. And be it further enacted, That im oF who Js or may be under lability for hin, signe. rpore of preventing the propert, co) fe toev P nands of the senignes, er Being distribe debtor, upon which an order may be issued uted under this act in satisfaction of his debts; or if he = or by a rezister in the manner provided has been convicted of Say Siademnone ander this act, | ton four, shell be deemed and taken or has been gailty of any fraud whatever contrary to the mencement true intent of this act; and before any discharge is cases granted, the shall take and subscribe an oath | matters of record, to the effect that he has not done, suffered or been privy daremeted selnten Pests oy to any act, matter or thing specified in this act asa numbered in the office of the grou ae for witunolaing such discharge, or as invalidating | ‘ocket on! Lp ees memorandum thereof, such discharge, if granted. whieh Sec, 3Q, And be it further enacted, That no person who shall have been discharged under this act, and shall afterward become bankrupt, on bis own application shall be again entitled to a discharge whose estate is in- sufficient to pay seventy per centum of the debts proved ‘against it, uniess the assent in writing of three-fourths fm value of his creditors who have proved their claims, ia filed at or bofore the time of application for discharg. but a bankrupt who shall prove to the satisfaction of t! court that he has paid ali the debis owing by him at the time of say Previous bankruptcy, or who has been vol- ‘untarily therefrom by his creditora, aball be en- famhe efit naif be had tot provisusty been bankrapa. ” , same as if he ‘not previous! nkrupe. BLA th Red Ba eee @ disc! any rupt a 4 5 ven fication in writing on the grounds of Bis opposition, and = Ao wens he isan fauaomane, with intent to the court may, in its discretion, order any question of py rf Pied e, fabeont, shall, with such ies ipo ns eae ee conceai himself to ave of process ss Sec. 32. And be it further enacted, That if it sball Pag A dhig Pe t- pear to the court fthat the benkrapt onal hing ery of 8 debt or der nad prorat rable-ander ts ct pone cfd om duty = cane act, and that Lion boing attached, taken or sequestered on it rovisions thereof, to receive & ‘ y ut charge, the court wal grant him a discharge from x aia ‘any assignment, gift, sale, gonveyance 8 except as heremafter provided, and ve - it acertifente thereof under the vent Of vbe coat; 1m ge the Ue A Catia, art wh bag ced hag -beon and held in onsiod Distniot Coort or tHe Uxiren States—1 ander = or virtue of menno process ol ‘District oF ——. boen duly adjudged a bankenpt under the set of Congress estab inhing » uniform system of bankruptcy shroughout the United States, and a) 9 haye con fermn- 4 toll the requirementa of’ inw: tm eat behill, it fe there. fore orlered by the court that said —— be forever diseharced from all nnd clatms which by said. net are mudle, prov, out ot any Court of any Stat, district or Territory, within which such debtor resides or hae property, {ou mand in its nature provable against a bankfupt’s tate under this ac r exceeding one hundred dollars, and maining in force and not Coe payment, or tr any other manner provided by the taw of snéh State district or Territory applicable ttoreta, for a Popes a“ weven days; bas been actualy impriconed [oF more in a. ciyitaction, founded on contract | able against lils estate, and whieh existed on —= on which day the peution for giiepaaee was filed KA Cor against) him; excepting sueb debt-, if any, 18 are by ani ft exceptert froin the operation of 8 Pischarge mbm Given under my hand and the sealof the court, ab——, the said district, this —— day of ——, A. D. (Beal) — = Judge Src, 33. And be it further enacted, That no debt created by the fraud or embezzlerzout of the bankrupt, of Dy his dofalcation as a public ofiicer. or while actiog | being bankrupt or insolveut bankruptey or insolyenty, abail r grant, sale conveyance or trauei% |