Page:United States Statutes at Large Volume 5.djvu/480

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444 TWENTY—SEVENTH CONGRESS. Sess. I. Ch.9 1841. act, admit a false or fictitious debt against his estate, he shall not be entitled to any such discharge or certificate; nor shall any person, being a merchant, banker, factor, broker, underwriter, or marine insurer, be entitled to any such discharge or certificate, who shall become bankrupt, and who shall not have kept proper books of account, after the passing of this act; nor any person who, alter the {passing of this act, shall Prcviso. apply trust funds to his owpuusg: Pr0vigcd,h hat no dischargehof any bankru t under this act sh re ease or isc ar e any person w 0 ma be liabli; for the same debt as a partner, joint confractor, endorser, surety); 3,,,.,],,,,,,,, or otherwise, for or with the bankrupt. And such bankrupt shall at all subject to exa- times be subject to examination, orally, or upon written interrogatories,

”°” ““d" in and before such court, or any_commission appointed by the coun

therefor, on oath, or, if conscientiously scrupulous of taking an oath, upon his solemn affirmation, in all matters relating to such bankruptcy, and his acts and doings, and his property and rights of property, which, in the judgment of such court, are necessary and proper for the pur- _ poses of justice; and if in any such examination, he shall wilfully and Pc"-l“’Y· corruptly answer, or swear, or affirm, falsely, he shall be deemed guilty of perjury, and shall be punishable therefor, in like manner as the crime of perjury is now punishgble by libc liaws of thed Uplitsd Stafps; and Such discharge such dischar e and certi cate, w en u rante , s a , in a courts

  • ‘“d °°"‘l6°'*‘° of justice, bg deemed a full and complete? discharge of all debts, conto be deemed a ·

6,,,,,,,;,,,,, djs_ tragts, rind other Snglirgprpentsdof suckh bpnlgutpt, whmhl are] proveable chargo,unlcss, un er t is ac , an S a e an ma e 88 e 8.8 3. u an com cte &‘°· bar to all suits brought in any codrt ofgjudicature whatever, andp the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful concealment by him of his property or rights of property, as aforesaid, contrary to the provisions of this act, on prior reasonable notice specifying in writing such fraud or concealment; and if, in any case of bankruptcy, a majority, in number and value, of the creditors who shall have proved their debts at the time of hearing of the petition of the bankrupt for a discharge as hereinbefore provided, shall at such hearing file their written dissent to the allowance of a dischar e and certificate to such B k ts Ml- bankrupt, or if] upon such hearing, a dischargge shall not be decreed to ,,,5*,, m,,, Q him, the bankrupt may demand atrial by jury upon a proper issue to discharge, may be directed by the court, at such time and place, and in such manner, d€m=¤¤d¤*fi¤l as the court may order; or he may appeal from that decision, at any g,Yaj‘i;,y;h°g QE: time within ten days thereafter, to the circuit court next to be held for cuit court. the same district, by simply entering in the district court, or with the Atmel ¤<> b¤ clerk thereon upon record, his prayer for an appeal. The appeal shall {gig] when °"d be tried at the first term of the circuit court after it be taken, unless, for sufficient reason, a continuance be granted; and it may be heard and determined by said court summarily, or by a jury, at the option of the bankrupt; and the creditors may appear and object against a decree I of discharge and the allowance of the certificate, as hereinbefore procl];?;!:;;;?;:' vided. t_Andfif,hupon a {full htelaring of gba pfarges,] it shrill gtpplpar to phe saisaciono e cour,or e ur s a in t at the an ru t as gx3g?;};;;:-ir";. made a full disclosure and surreiiddrr of all his estate, as by thiis act

>g;l¤}iP:£n*;¢¤¤’· required, and has in all things conformed to the directions thereofj the

°' cgprlli shtm_mak'e a. decree of discharge, and grant a certificate, as provide in is ac . Creditors to Sec. 5. And be it urther enacted, That all creditors comin in and

3¤;$s•l:b:;1l¢- proving their debts binder such bankruptcy, in the manner heigeinafter

MEV_ p P y' plpescgribpd, the same being bona fide debts, shall be entitled to share in Debrsro U. the an rupts propert and effects, ro rata, without an riorit or §:;:.<;¤· 0;,30; preference whatsoever, bxcept only fox? debts due by such ibinkrurh to Surcggsto bay the United States, and for all debts due by him to persons who, by the first paid. laws of the United States, have a preference, in consequence of having