Page:United States Statutes at Large Volume 18 Part 3.djvu/210

180 FOBTY-THIRD CONGRESS. Sess. I. Ch. 390. 1874. Amendment of Sec. 8. That the following words shall be added to section twenty- °°°°*°” 26- six of said act: ¢* That in all causes and trials arising or ordered under this act, the alleged bankrupt, and any party thereto, shall be a competent ”witness". _ Discharge or in- Sec. 9. That in cases of compulsory or involuntary bankruptcy, the voluntary bank- provisions of said act, and any amendment thereof, or of any supple- "“P*· ment thereto, requiring the payment of any proportron of the debts of the bankrupt, or the assent of any portion of his creditors, as a condition of his discharge irom his debts, shall not apply; but he may, if otherwise entitled. thereto, be discharged by the court rn the same mauner and with the same effect as if he had paid such per centum of his debts, or as if the required proportion of his creditors had assented Di¤¤bMs¤ of W1- thereto. And in cases of voluntary,Hpnkruptcy,_ no discharge shall be “"“*">’ "“k"“P°· granted to a debtor whose assets s not be equal to thirty per centum of the claims proved against his estate, upon which he shall b_e liable ' as principal debtor, without the assent of at least one-fourth of his cred- 1,,,,,,,,,] of Pm Ofitors in number, and one-third in value; and the provision rn section section as. thirty-three of said act of March second, eighteen hundred and sixty- seven, requiring fifty per centum of such assets, is hereby repealed. Ameudm e ¤ t of Sec. 10. That in cases of involuntary or compulsory bankruptcy, the “°“‘°“ 35- period of four months mentioned in section thirty-ive of the act to which this is an amendment is hereby changed to two months; but this provision shall not take eifect until two months after the passage of this act. And in the cases aforesaid, the_ period of six mouths mentioned in said section thirty-five is hereby changed to three months; but this provision shall not take eifect until three months after the passage of this act. IW- SEO. 11. That section thirty-five of said act be, and the same is hereby, amended as follows : _ glgirst. After the word “and” in line eleven, insert the word “knowin . Secondly. After the word “ attachment”, in the same line, insert the words “sequestration, seizure". Thirdly. After the word “ and", in line twenty, insert the word “ knowing". And nothing in said section thirty-five shall be construed to invalidate any loan of actual value, or the security therefor, made in good faith, upon a security taken in good faith on the occasion of the making of such loan. —‘;!¤¤¤§l5¤ 0 ¤* of Sec. 12. That section thirty-nine of said act of March second, eighteen “°° ‘°“ 3 · hundred and sixty-seven, be amended so as to read as follows: _ bmei *>¤t¤<l· “Sec. 39. That any person residing, and owing debts, as aforesaid, J" *=“ ““ ’“P “‘ who, after the passage of this act, shall depart from the State, District, or Territory of which he is an inhabitant, with intent to defraud his creditors; or, being absent, shall, with such intent, remain absent; or shall conceal himself to avoid the service of legal process in any action for the recovery of a debt or demand provable under this act; or shall conceal or remove any of his property to avoid its being attached, taken, or sequestered on legal process; or shall make any assignment, gift, sale, conveyance, or transfer of his estate, property, rights, or credits, either within the United States or elsewhere, with intent to delay, defraud, or hinder his creditors; or who has been arrested and held in custody under or by virtue of mesne process or execution, issued out of any court of the United States or of any State, District, or Territory within which such debtor resides or has property, founded upon a demand in its nature provable against a bankrupt’s estate under this act, and for a sum exceeding one hundred dollars, and such process is remaining in force and not discharged by payment, or in any other manner provided by the law of the United States or of such State, District, or Territory applicable thereto, for a period of twenty' days, or has been actualy imprisoned for more than twenty days in a civil action founded on contract for the sum of one hundred dollars or upward; or who, being bankrupt or insolvent, or in contem-