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:.] \ t BT PU Ri SOE, KEEi.SE & CO. ?.llll|l|,Pl|,"."l.'lll,l,".l,i|Ml,H,l'l1n,/'l,l>ll'l,l..Hl,'!,!.,,'!,,! ^".."H,!.,,.,.i. 'J. . : ? EDGEFIELD, S. C.; MA11CH 7, 1866. VOLUME X?X?.--N0. 10. THE BANKRUPT LAT -o The following is'the text of the ver . portant Bankrupt Bill agreed upon b; Conference Committees and adopted by house of Congress. Tte President has s it, and the Bill is therefore now a law c land : AN ACT TO ESTABLISH A . UNIFORM S Y OF BANKRUPTCY THROUGHOUT THE U> STATES. Be it enacted by the Senate and Hou Representatives of tbe United State America tn Congress assembled, That several District Courts of the United S be, and they hereby are, constituted cou bankruptcy, and they shall have origin: risdiction in their respective districts i matters and proceedings in bankruptcy, they are hereby authorized tn hear and ? dicate upon the same according to the visions ot this Act. The said courts sha always open for the transaction of bus under this Act, and the pokers and juri. tion hereby granted and conferred shal exercised as well in vacation as in term t and a judge sitting at chambers shall the same powers and jurisdiction, inclu thc power of keeping order and of punis any contempt of his authority, as whin sil in court. And thc jurisdiction hareby ferred shall extend lo all cases and contre MOS arising between the bankrupt and creditor or creditors who shall claim any or demand under the bankruptcy ; to the Iee'.iou of all thc assets uf the. bankrupt the ascertainment and liquidation of the) and other specific claims theron; to the justtnen1: of the various priorities and dieting interests of all parties: and to marshalling and disposition o? the diffe funds and assets, so as to secure the rigat ali parties and due distribution uf tho as among all '.he creditors ; and to all acts, u tors and tiling to be done under and in tue O? lb'- bankruptcy, until the final di.s bu'iori and settlement of the estate ot" bankrupt, and the close -of the procecdi ia bankruptcy. The said courts shall li fjll authority to compel obedience to all ord . and decreer passed by them in bankrupt by process of contempt and other rome process, ro the same extent that the Circ Courts n >w have ia any suit pending thor in equity. Said coarta may sit for the tran? tion of business itt bankruptcy at any pl. in thc district, of which place, and lite ti; of holding court, they shall have given : tice, as well as at the places designated law tor howling such courts. SEC. '2. And bo it farther enacted. Th the several Circuit Courts ol the Uni: S.ates. within and for the districts where ; proceedings in bankruptcy shall Le pendit; snail have a general superintendence ai jurisdiction of all cases and questions arisi; under this Act ; and, except **rhen spec: provisions is otherwise made, may, noon bi petition, r?r other proper process, uf any tar aggrieved, hear and determine th* case as court pf Equity. Tao powers and jurisdi tion hereby granted may be exercised eith' by said cou: i or by any justice thereof i t'rm" tune or vacation. Said' Circuit C im shall also have concurrent jurisdiction wil ' the District Courts of the same district, of a suits at law or in equity which may ur sha be-brought by the assignee in bankrupt* against any person claiming an adverse ?ute e-t. or by such person agatust such assigne touching any property or rights cf proper of Said bankrupt transfert aide to or vested* such assignee; but no snit at law rr in equi shall in auy case be maintainable by or again such assignee, or by or against any pets; claiming an adverse interest, touching tl property and rights ol' properly aforesaid, any court whatsoever, unless the same sba be brought within two years from the'.In; the cause of acion accrued, iur or again such assignee; provided, that nothing hcrei Contained shall revive a light of action bane at the time such assignee is appointed. OF TUE ADMINISTRATION* OF THU LAW IXC0UR1 OF BANKRUPTCY". Shf. 3. And be it further enacted, That shall be the duty of tie Judges cf thc Di trier Courts of the United States, within an for the several districts, t-> appoint iu eac Congre *sional district in said districts, upo the nomination and recommendation of th Supreme Court of the I nited States, one o inoro registers in bankruptcy, to assist th Judge of the District Court in tuc perform ance or' his duties under this Act. No p irso: shall be eligible to such appointment unies he be a counsellor of said c ?orr, or of som one of the Courts of Record of the Stale ii which he resides. Before entering upon th duties of his otlice, every person .so appointe* a register in bankruptcy shall sive a bond t< the united State?, with condition that he wil faithfully discharge the duties of his office ?n a sum not less than ?1,000, to be fixed bj said court, with sureties satisfactory to san court, or to either of tho said justices thereof a-.d be abai1, in open coutt, take and sub scribe the oath prescribed in the Act. entitle* u An A et to prescribo an oath of office, an? for other purposes," approved July 2,1SG2 and also that he will not daring bis continu a';c in office be. directly or indirectly, inter ested in or benefited by; tho le-s or em oin ment.? ari-ing from any sui;, or matter pend' ing in bankruptcy, in either the District ol Circuit Court in uis district. SEC. 4. And bu it further enacted, Tba' every register in bankruptcy, so appointed and quiliii-d, shall have power, and it shall be iii- duty, to make adjudication of bank rupcy, to receive the surrender of any bank rupt, to administer oath* in all proceedings before bim, to hold and preside at meetings of cre? i tors, to take proof, of debts, to make all C imputations of dividends and all orders of distribution, and to furnish the acsisrnce with a certified copy of such orders, and of the schedules of creditors and assets filed in each ca?e, t'? audit and pass accounts of as signees, to grant protection, to pass thc last examination of any bankrupt in cases when ever the assignee or a creditor do not oppose, ar.d to sit ?TI Chambers and dispatch there such part of thc administrative business of the Court and such uncontested mutters as shall be defined in pen ia! rules ail i enters, or as the District Judge shal 1 in any particu lar manner direct; and In shall also make shtirt memoranda of his proceedings in each ( use in which ho shall act, in a docket t : be l,:t?'. by him for that purpose, and he sha!! forthwith, as the proceedings are taken, fur wan! to the Clerk ol' the District Court a certified e ipy of said memoranda, which shall be entered by said Clerk in thc proper mi' - u!e-book to be kept in bis ellice, and any register of thc Court may act ur any other renter thereof; provided however, that n<:th ing ia this section contained suull empower a ro.ister to commit for contempt, or to he r a disputed adjudication, or any question of the allowance or suspension of an order of dis charge: but in all matters where an ??sue of fact or of law is raised and contested hy any party to the proceedings before Lim, it shall be his duty to cause the question or issue to ? ba stated by the opposing parties ?n writing, ' and ho shall adjourn the mme into C ?Url for decision by the Judge. No register shall br; of counsel or attorney either in or ont fifi Court, in any suit or matter pending in !>.:-.i< rupicy in either the Circuit r.r District Court of bis District, or in an - appeal therefrom ; ; nor shall he be executor, administrator, guar dian, Mromisiioner, appraiser, t'ivider, or as- . gignce of or upon any estate within the ju- j risdiction of either of said Courts of bank ruptcy, nor b? inter&ted in the fees ox fm\. I mm*amm^t^^^B3aammmamBmtmmtB^aiama*m?emKaMm uments arising fr>>ra either of said tn The fees of said registers, as establisbet this Act, and by the general rules and or required to be framed under it, shall be | to them by the parties for whom the serv may be rendered in the course of proc ings authorized by this Act. SEC. 5. And be it further enacted, 1 the Judge of the District Court may dire register to attend at any place within district for the purpose of hearing such untary applications under this Act as i not be opposed, of attending any meetin creditors, or receiving any proofs of dt and, generally, for the prosecution of ; bankruptcy or other proceedings under I Act ; and the traveling and incidental expel of such register, and of any clerk or ol officer attending him, incu'red in so acti shaft be settled by said court in accorda with the rules prescribed under the tenth tii>n of this Act, and paid out nf the asset the estate in respect of which such regi has so acted ; or it there be no such ass or if the assets shall be insufficient, then s expenses shall form a part of the costs in case or cases in which the register shall h acted in such journey, to be apportioned the judge, aud such register, so acting, si Lave and exercise all powers, except the po of commitment, vested in the District Co for the summoning and examination of j sons or witnesses, and for requiring thc t. duction of books, papers and documen Provided always, That all dc-p ?sitions of j: son? and witnesses taken before said regi*! and all acts done by him, shall be reduced writing, and be signt-vl by him, and shall filed in the clerk's office as part of the p eeedings. Such register shall be subject removal by the Juo'ge of the Distriit Cot and all vacancies occurring by such remov or bv resignation, chango of residence, es or disability, shall be promptly filled by o I ?it. persons, unless said court shall deem t continuance cr the particular office uuneo sary. SEC (>. And be it further crueled, Tl any party shall, during the proceedings I fore u register, be at liberty t.> take the op ion of the District Judge upon atiy point matter arising i:i the course of such procec ?::gs, or upon the result of such proccedin) which shr.il be stated by the register in t shape of a short certificate to the judge, w] ?diall sign the same if lie uppr.-ve thcrcc and sucli certificate, so signed, shall he bin ing on all thc parties to the proceedings ; b every such certificate may be discharged railed by the judge at chamber.s or in op: wurt. In any bankruptcy, or i.i any ?'?th proceedings within the jurisdiction of tl ..ourt. under this Act, the parties concerne ir submitting t ? such jurisdiction, may my stage of the proceedings, by onset' ?tate any question or questions in a speci iase for thc opinion of thc court, and tl udgment of the CAir; shali be final, unless ).?>. agreed and stated in such special cai i ?cher party may appeal, it, in t?ueh eas t'i appeal i- all ?wed by tbh Act. Tins pa :ies may al-*?, if the}' think tit, a^iee tin lp-ui tb-* question <>r q lestions raised by sue ipecial case-being finn!ly decide-), n smu i noney. tix^ i by iii? partie*, or tu be asee ai ned by th?; court, tir in suuh rr.aunei : hf" cmi-t tin-.* dhvr--, ur any pmp.-rv, at ti: im ?uni of any disputed d<b" or .'hiini, sba te paid, dciiv*sr?d or transferid i>y ene t .?-.r-ii (utrlius to tin* other of them, either wit c-r without ??st*. SEO. T. And be it f.irtu'-r emoted; Thti parties and witne^sus summoned before register shall b*j bound to attend in pursuant if such summons at the place and tim . de ignalcd therein, and shjll be entitled to pr< tection, and be liable to process ?if jontemj in like manner a-< parues and witncsse*3 ;tt now liable thereto in case of default in aita dance under any writ of subpro.i-i, antin persons willfully and corruptly swearing c affirming falsely before a register shall li liable to all tho penalties, punishments an consequences of perjury. If any person cm unlined before a register -hall refuse or dedin to answer, or to swear to or sign his examina lion when taken the register shall refer them** ter to ' he judge, who shall have power to ordt the person sn acing to nay the cost's thereb occasioned, il suth person be compellable b law to answer such question or to sign sue examination, and such person shall also b liable to he punished for contempt. OF APPEALS AM) PRACTICE. SEC. 8. And be it further enacted, Th.i appeals may be takc i from the District to th Circuit Cout ts in ail cases in equity, arn writs of error may be allowed to said Circu? Courts from said District. Courts in cases o law under the jurisdiction created by thi Act when the debt or damages claimed amour to more than $000, and any supposed crcd: tor, whose claim is wholly or in part injected or au assignee who is dissatisfied with tb allowance of a claim, may appeal from th decision of the District Court to the Circtii Court for the same district; but no appea shall be allowed in any case from the DISH ic to the Circuit Court unless it is claimed, ont notice given thereof to the Clerk of the Dis irict Court, to be entered with the record o the proceedings, and also to the a-signet) o creditor, as tito case may be, or to ?be defeat ed pu ty i:i equity, within ten days after tb? entry of the decree or decision appc&le< from. Thc appeal .-.hall be cutered at tin term o? the Circuit Court which shall be firs held within and fur the district next after tin expiration of ten days from the time of c'oim ing the same. But if the appellant, in wri ting, waives his appeal before any decisiot thereon, proceedings may be bad in the Dis trie: C^urt as if no appeal had been t.-.ken and no appeal shall be a.lowed unless thc ap pelhcit, ai. tue time of chiming the stine, shall give bond in manner now n quired bj law i:i cases of such appeals. Nu writ o error shall bo allowed unless tbe party claim ing it shall comply with thc statutes regida ting the granting of such writs. SEC. 0. And bo it further enacted. That in cases ari-iiig under this Act no appcakor wrii ot error si all bo allowed in any case Irom thc Circuit Colins to the Supreme C <ut!s of tho United States, utile1.* the matter jn dispute in such ca-e shall ''.\c:ed $2,000. Sm:. IO. A:.<1 bo it further enacted, Tba! the Jnstwe of th? Supreme Court ?f the Uni tetl Safes, subject to tho providions of this Act, shall frame general ord ?rs for the follow ing parp?se*! : For regulating the practice and procedure of the District Courts in bankruptcy, and the several f.-rms of petitions, orders and other proceedings to be Used iu said courts in all matters nuder this Act; For regulating tho duties of the various Olli sers of *aid 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 sai 1 courts, not exceeding the rate of fees now allowed by law for similar services i:i other proceedings ; For regulating Ue practice aud procedure upon appeals ; For regulating thc filling, custody and in spection of records ; And generally l"r carrying the provisions of this Act into ?ffect. After such general orders shall have been so framed, they or any of them may bu re scinded or varied, and other general orders may bo framed in manner aforesaid : and all such gen* ral orders BO framed shall from time to time be reported to Congress, with such suggestions as said justices may think proper. VOLUNTARY BANKRUPTCY-.COMMENCEMENT OF PilOCEEUlNGS. SEC ll. And \>9 it further meted, That1 j if any person residing within the jarisdicti j of the "Unitod States, owing debts proval j under this act exceeding the amount of $31 I shill apply ty pciition addrcsed to the jud ! of the judicial district in which such debi ! has resided or carried on business for the ? I months next immediately preceding the til i o? filing such petition, or for the longest\ ? ried during such six months, setting for j bis place of residence, his inability to pay ? j his debts in full, his willingness to surrend j all his estate and effects for the benefit of 1 creditors, and his desire to obtain the bene of this Act, and shall annex to his petition schedule verified by oath before the Con or before a register in Bankruptcy, or befo one of the Commissioners of the Circu Court of tho United States, containing full and true statement of all his debts, an as far as possible, to whom due, with tl place of residence of such creditor, if know to the debtor; and if not known, the fact be stated, ard the sum duo to such cr?dito also thc nature of each 'debt or deman whether founded on written security, oblig tion, contract or otherwise ; and also the tn cause and consideration of such iudebtedne in each case and the placo where such ii debtedness ,- ecru<?d, and a statement of an existing mortgage, pledge, lien, judgment < collateral or other security giver, tor the pa ment of the same : and shall also annex t his petition an accurae inventory verified i liku manner, of all his estate, both real an persona1., assignable under this Act, describin the same, and stating where it is situate! and whether there are anv, and if so, win incumbranccs thereon ; the filing cf such p< lit ion shall be an ac of bankruptcy,.and sue petitioner si:ail be adjudged a bankrupt ; Pr< filled, That ail citions of the United State petitioning lo ?e declared bankrupt shall, o filing suth petition, and before any procedin^ thereon, talc .. and subscribe an catii of alic glance and fidelity to thc United States, wbic ua':i shrill bc tiled and rec irded with the prf feelings ir. bankruptcy. And the Judge e thu District Court, or ii' there be no opposing party, any register of said Court, to be desig na?'d by die Judge, shall forthwith, if he b satisfied that tL . debts due Iroin th? petition er exceed $5500, is?ue a warrant, to be signe br -itcli Judge o- Register, directed to th Marshal of said District, authorizing hie forthwith, a- Messenger, to publish notices ii stielt newspapers as the warrant, specifies; t serve written or printed notice, by mail, o personally, ou all creditors u|?on the schedul filed with the debtor's petition, or whosi names m y ne given to him, in addition, b; the debtor, and to give such personal orothe notice to any person? concerned as the war rur,t specifics, which notic;> shall stale: First. That a warrant in bankruptcy ha been issued against the estate of the debtor Second. That ti?e payment of any debt: and the delivery of any properly belonpinj to such debtor-to him of for his use, and th< transfer of any property by him., are forbid dun by law. Third. That a meeting of fee creditors o ?:..'. debtor, giving the names, residences ant ;.. . ?Unis, MI far as known, to provo tLei? dents am! cl oO"-0 one or more assignees Ol estate, will be held a; a Court of Rink ru;.' v. to !; ! bold TI al :.. time and place des ?g::?t?d ?iT?l?e warrant, le's titan t<*n HOI moro than linety days sifter the issuing ol the same. CK .\s"-n*.N'Mi;s-TS AND ASSIUSF.ES. SEC. 12. r\nd 1..- it further emic&sd, That al mee ing, held ?ti pursuance ol the notice one of the registers <.i the court shall preside and lue messenger shall make return of lh( warrant am of hi? doings thereon; and if ii appears that ?he notice lo lue creditors lia! not been given a? ri quired in the warrant, tin meeting shall forthwith be adjourned, and e now notice given as required, ll the debtot ii i 3 ai., r tl.?; issuing of thu warrant, the pro feedings ir.-y b- cw?t.inued and concluded in like manner us if he hud ii ired. Sue. Ll. And li? it l-irtiii?r enacted, That the creditors shall, at the first meeting held after due notice from the messenger, in pres ence oi a register designated by the court, choose one or moro assignees of the estate ol the debtor; the choice to be made hythe greater par: in value and in number ol the creditors who have proved their debts. If DJ choice is made by the creditors at said meet ing, the judge, or If there bo no opposing in terest, the .agister, shall appoint one or more assignees, if an assignee, so chosen or ap pointed, fails within live days to express in writing his acceptance of tho trust, the judge or register may lill the vacancy. All elections or appointments of assignees shall be subject tu the approval of the judge ; and when in his judgment ?t is for any cause ucedlul or expedient, he may appoint additional as signees, or order a uew-electio:i. The judge at any time may, and upon the request in writing of any creditor who has proved his claim, shall require the assignee to give good and sufficient bond to the United States, with a condition for the faithful performance and di-charge cf his duties; the bond shall be ap proved by the judge or register by his en dorsement thereon, shall be tiled with the re cord of thc caso, and inure to thc benefit of all cr?ditais proving their claims, and maybe prosecuted in the miine and fur the benefit of tLie injured party. If the assignee fails to give the oood within such time as the judie or dos, not exceeding ten days alter notice to him of such order, the judge shall remove him and appoint another in Lin place. Sue 14. And iie it furthor enacted, That a; onn ns said assignee is appointed and qualified, the judge, or where there is no op posing inti rest, lue register, shall by an in strumctit under his band, assign and convey o i lie assignee ad the e?tate, real and pcrso n.j, of the bankru; t, with all his dc-d*, bonks, and papers relating thereto, and such assign ment shall relate back to the commencement of slid proceedings in bankruptcy, and there upon, by operation of law, the title to allsuch property and estate, both real and personal, shall vest in said assignee, although the same i-; then attached on mosne process as the property ol thc-debtor, and shall dissolve any such attach meut made within four month-? ?ext preceding the commencement of said proceedings; Provided, h wever, that there shall be excepted from tho op?ration of the provisions of this section, r lie necessary house hold and kitchen furniture, and such other articles &nd necessaries of such bankrupt as the assignee shad designate and set apart, having reference in ibu amount to the family, condition t.nd circumstances of the bankrupt, bot altogether not to exceed in value in any case the sum of lieu hundred dollars, and al3o i he wear;'g apparel of such bankrupt, ai.d that of his wife and children, and the uniform, arm3 and equipments of an)' person who is or h ts been t soldier in the militia or in tLo ser vice of the United States ; aud such other property ?3 now is or hereafter shall bo ex i empted from attachment' or seizure, or levy On execution by the laws of the'United I S:ates, and such other property not included in the foregoing exemptions as is exempted I from levy und sale upon execution or other ! process or order of court, by the laws of the : State in which the bankrupt hus his domicile ! at the time of the commencement of the pro ? ceilings in bankruptcy, to an amount not i exceeding that allowed by such State exemp ' tion laws in force in the year 1864; provided I that the feregoing exception shall operate as a limitation upon the conveyance of the prop ; crty of thc baukrupt to his assignees ; and in no case sliall thc property hereby excepted ! pass to the assignees, or the title of the bink 1 rupt there .0 bo impaired or affected by any of : the provisions of this act; and the dctcrmi ; nation o*'.he assignees in t' 0 matter, shall, ' PA eiceptjpD taken, be abject po tho ?gal! decision of the said court; And prov further, that no mortgage of any vessel any other goods or chatties, made as sec for any debt or debts, in good faith an present consideration* and oth ?rwise i aud duly recorded, pursuant to any stati the United States, or of any State, she invalidated or affected hereby ; and a! property conveyed by the bankrupt in 1 of his creditors ; all rights in equity, cl in action, patents and patent rights and c rights ; all debts due him, or any perso his use, and all liens and securities ther and all bis rights of action Tor property c tate, real or personal, and for any eau action which the bankrupt bad against person, arising from contract or from tb? lawful taking or detention, or of injury t< property of the bankrupt ; and all bis ri of redeeming such property or estate, the like right, title, power and authorit sell, manage, dispose of, sue for and rccov< dcfeud?tbesame,asthebaukruptmight or c bare bad.if no assignment had beeu made, ? in virtue of the adj udication of bankruptcy, and the appointment of his assignee, be ati vested in such assignee, and be may sue for recover the said estate, debts and effects, may prosecute and defend all suits at law c equity, pending at the time of the adjudica ot bankruptcy, in which su .h bankrupt is a ty in his own name, in the same manner with the like effect as they might have I prosecuted or defended by such bankrupt ; a copy, duly certified by the clerk of the co under the seal thereof, of the assigna made by tho judge or register, as the < may be, to him as assignee, shall be can sive evidence of his title as such assigne take, hold, sue for and recover thc propert the bankrupt, as hereinbefore mentioned; no property held by the bankrupt in ti shall pass by such assignment. No per shall bo entitled to maintain an action agai an assignee in bankruptcy for anything d by him as such assignee without previoe giving bim twenty days' notice of such tion, specifying the cause thereof, to the I that such assignee may have an opportur of tendering amends, should he eec lit to so. No person shall be entitled, as agai the assignee, to withboM from him possess of any books of account of the bankrupt, claim any lieu thereon ; and no suit in wh tim assignee ia a party shall be abated by death or removal from office, but the sa may be prosecuted and defended by bis s Ctfssor, or by the surviving or remaining sign?e, as the case may bc. The assigi shall have authority, under the order and rection of the court, to redeem or discbai ant' mortgage orconditional contract, or pict or deposit, or lien upon any property, real personal, whenever payable, aud to teni due performance of tho condition thereof, to sell the same, subject to . :ch mortga? lien or other incumbrunces. The debtor sh also, at'the request of the assignee, and at t expense of the estate, make and execute a instrumeut-s, deeds and writings which tu be proper to enable the assignee to posa himself fully of all thu assets of the ban rupt. The assignee shall immediately gi notice of his appointment, by publication least once a week for three successive we in such newspapers 113 shall for that purpn be dc-ignutwl by the court, due regard-beii had to tUeir general circulation in the ?istri or in that portion of the District in whi the bankrupt ?nd bis creditors shall resit and shall, within six months, cause the ? s'gnment to bini to be recorded in every rv ist ry of deeds or other office within thc Ul ted State? where a conveyance of any lan owned by the bankrupt ought by law to recorded ; a:id the record of such assignmei or a duly cci tilied copy thereof, s .?ll be e\ dence thereof in all courts. SEC. 15. And be il further enacted, Th the assignee shall demand and receive fro any and nil persons holding the same all tl estate Assigned, or intended to be assigne nuder the provisions of this Act ; and hesh: sell al! SUCH unencumbered estate, real ai personal, which comes to his bands, oa RUC lenna a> be thinks most for the interest of tl creditors ; bm upon petition of ftuy. pers'. interested, and for ciu.se shown, the cou may make such order concerning the tim rd:ic?! und manner of sale as will, in its opii ion, prove to the interest of the crediton and the assignee shall keep a regular accoui of ail money received by bim as assignee, 1 which every crcditursball, ai reasonable time have free resort. SEC. 111. And be it further enacted, Tin the assignee shall have tue like remedy ton cover all said estate, debts and effects in li Own name, as the debtor might have had the decree in bankruptcy bad not been rel dered and no assignment had been made. I at the time of tito commencement of prc collings in bankruptcy, an action is pen-tin in the name of the debtor for the rec J very t a debt or other thing which might or ough to pass to thc assignee by the assignment, th assignee shall, if he requires it, be ndmitte to prosecute the action in Iiis own name, i like manner and with like effect as if it ba been originally commenced by bim. No sui pinding in the name of the assigme shall b iibatcd by his death or removal ; but upon th motion of the surviving or remaining or ne' assignee, as thc case may be, bo shall be uti milted to prosecute /he suit in like manne and with like effect- as if it had been origi nally commenced by bim. In suits prosecu ted by the assignee a certified copy of th assignment made to him by the judge 0 register shall be conclusive evidence of bi authority to sue. SEC. 17. And be it further enacted, Tha thc assignee shall, as soon as may bo after re c-iiving any money belonging to the estate deposit tho same in some bank in his name a: assignee, or otherwise keep it distinct ant: apart from all other money in his possession and shall, as far as practicable, keep all good; and effects belonging to tho estate separati and apart from all other goods in bis posses sion, or designated by appropriate marks, sc that, they may be easily and clearly distin guished, and may not be exposed or liable tc be taken as his property or for the payment of his debts. When it appears that the dis tribution of tho estate may bo delayed by litigation or other cause, the court may direct the temporary investment of the money be lorging to such estate in securities to be ap proved by the judge or a register of said coirt, or may authorize thc same lo be depos ited in any convenient bank upon such in terest, not exceeding the legal rate, as the bank may contract with the assignee to pay thereon. He shall give written notice to all known creditors, by mail or otherwise, of aU dividends, and such notice of meetings, after the first, as may be ordered by the court. Ho shall be allowed, and may retain out of money in his hands, all the necessary disbursements made by him in the discharge of his duty, and u reasonable compensation for his services, in the discretion of the court. Ile may, under the direction of the court, submit any con troversy arising in the settlement of demands against the estate, or of debts due to it, to the determination of arbitrators, to be cho sen by bim and the other party to tho con troversy, and may, under such direction, compound and settle any sum controversy, hy agreement with thc other party, as he thinks proper and most for the interest of thc creditors. SEC. 18. And bo it further enacted, That the court, after due notice and bearing, may remove an assignee for any cause which, in thc judgment of the court renders such re moval necessary or expedient. At a meeting called by order of the court, in ita discretion for the purpose, or which shall be called upon the application of a majority of the creditors io D umber tpd wipe, che c&djtfty j?ay, wi& conseut of the court, remove any assigne such a vote as ?3 hereinbefore provide the choice of assignees. Au assignee ? with thc consent of the judge, resign his 1 and be discharged therefrom. Vacai caused by death or otherwise in the offii assignee :say be filled by appointment ot court, or at ita d.scretiun by an electio the creditors, in the manner hereinbefore vided, at a regular m?eting, or at a mee ' called for the purpose, with such n< I thereof in writing to all known creditors, by such person as the court shall direct, resignation or removal ol an assignee sha no way release hi m from perforrai 'g all th requisite on his part for the proper closin, of his trust, and the transmission thereo his successors, nor shall it affect the liabi of the principal or surety on the bond gi by the assignee. When by death, or otl wise, the number of assignees is reduced, estate of the debtor no? lawfully djspose shall vest in the remaining assignee or Bignees, and the persons selected to fin va< cies, if any. with the same powers and du relative thereto as if they wore origin! chosen. Any former assignee, his execul or administrators, upon request, and at expense of the estate, shall make and e cute to tho new assignee all deeds, conv anees and assurances, and do all other Ii ful acts requisite to enable him to reco and receive all the estate. .And the court n make all orders which it may deem exp? ent to secure the proper fulfilment of the i ties of any former assignee, and the rig and interests of all persons intcrosted iu estate. No person who has received 8 preference contrary to the provisions of t Act shall vote for or be eligible as assign) but no title to property, real or personal, sc transferred or conveyed by an assignee, si be affected or impaired by reason of his in? gibility. An assignee refusing or usreasoi biy neglecting to execute an instrument wi lawfully required by the court, or disobeyinj lawful order or decree of the court in t premises, may be punished as for a conten of court. < OF DEBTS AND r-ROOF3 OF CLAIMS. Sea 19. And be it further enacted, Tl all debts duo and payable from the bankri: at the time of the adjudication of bankrupt! and all debts then existing but not payai until a future day, a rebato of interest bei made when no interest, is payable by t terms of contract, may be proved against t estille of the bankrupt. All demands agair the bankrupt for or on account ot any goo or chaUels wrongfully taken, converted withheld by him may bc proved and allow as debts to thc amount of thc value of t property sd taken or withheld, with intere If the bankrupt ?hull be bound as draw? endorser, surety, bail or guarantor upon ai bill, bond, note, or any other specialty or co tract, or for any debt of another person, ai his lia' iii : y shall not have become absolu until "after the adjudication of bankruplc the creditor may prove the same after sui liability shall have become fixed, and befo the final dividend shall have been declare In all cases of contingent debts and conti gent liabilities contracted by the barikruj. and. not herein otherwise provided for, tl es?jftitr>r nuts make claim therefor, and.ba' his claim allowed, with rim right to abure the dividends, if thu contingency shall bapp? before i he order for th? final dividend ; or 1 may at any time apply io the court, to liai the present, value <if the cl -br. or liability a certained and liquidated, which shall then I d m-j in such manner as the court shall ordc and be 5>hall be allowed to prove for tl amount so ascertained. Any person liab as bail, surety, guarantor, or otherwise fi thc bankrupt, who shall have paid thc deb [ or any part thereof, ?ll discharge of thc whol slull be entitled to prove such debt, or t stand in the place of the creditor if he sba have proved the sime, although such paj menu) shall have been made after the prc ceediiigs in bankruptcy were commence! And any person so liable for the bankrupt and who has not paid ihe whole of said deb but is still liable for the same or any pal thereof, may, if the creditor shall fail or omi to prove su'.-h debt, prove the same either i the natue of the crediior or otherwise, as ma b-? provided by the rules, and subject to sue regulations and limitations as may be est?t lisbed by such rules. Where the bankrup is liable to p:iy rent, or other debt falling du at fixed and stated periods, the creditor ma prove for a proportionate part thereof up t the time of the bankruptcy, as if the sam grew due from day to day, ;;nd not at sucl lixed und stated periods. If any, bankrup shall bo hallie for unliquidated damages ari sing out of any contracts or proini-e. or oi account .?f liny goods or chattels' wrongful!; taken, converted or withheld, thc court ma; cease such damages to be assessed in sud mode a* it m iy deem best, and the sum s< assessed may be proved against the estate No debts, other thin those above specified shall bc prove 1 or allowed aguinst the estate Sue. 20. And be it further enacted, That in all ca os of mutual debts or mutual civd its between the parties, the account between them ?ball be stated, and one debt set. of against the other, anil thc balance only shall be allowed or paid, but no set off shall be al lowed of a claim in its uature not provabl ngainst thc estate ; provided, that no set ofl shall be allowed in favor of any debtor to thc bankrupt of a claim purchased by or trans ferred ld bim after tho fi'ing of the petition. When, a creditor has a mortgage or pledgo of real or personal property of the bankrupt, or a lien thereon for securing 'he payment ot r. debt owing to him from the bankrupt, he stall be admitted as a creditor only for the balance of the debt after deducting the valuo of auch property, to be ascertained by agreement be tween bim and the assignee, or by a sale thereof, to be made in such manner as tho court shall direct ; or the creditor may re lease or convey bis claim to the assignee upon such property, and be admitted to prove his whole debt. If the value of the property ex ceeds the sum for which it is so held as se curity, the assignee may release to tho creditor the bankrupt's right of redemption therein on receiving such excess ; or he may sell the property, subject to the claim of the creditor thereon ; and in either case the assignee and creditor, respectively, shall execute all decdn and writings necessary or proper to cons? mate tho transaction. If tho property is not so sold or released and delivered up, the creditor shall uot bc allowed to prove any patt of his debt. SF.C. 21. And bc it further enacted, That no creditor proving bis debt or claim shall be allowed to maintain any suit at law or in equity therefor against tho bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced, or unsatis fied judgments already obtained thereon, shall be deemed to he discharged and surrendered thereby ; and no creditor whose debt is prov able under this Act shall be allowed to pros ecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor's discharge shall have been determined ; and any Buch suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determina tion of the Court in B mkruptcy on thc ques tion of the discharge; provided there be no unreasonable delay on thc part of the bank rapt in endeavoring to obtain his discharge; and provided, also, (hut if the amount due j the creditor is in disputo, the suit, by leave of j the Court in Bankruptcy, may proceed to judgment for the purpose of ascertaining the i ! amount due, which amount may be proved iu I bankruptcy, but execution shall bo stayed as ttotmii, if &OJ ha&kyuot shall, atibe lime ? of adjudication, bu Hablo upon any bill i change, promissory not?, or other obli; in respect of distinct contract * as a UH of two or moro firms carrying on separat distinct trades, and having distinct esta bc wound up in bankruptcy, or as a sol der and ulso as a member of a firm, lt cumstauce that such firms are in whole part composed of the samo individua! that the sole contractor is also one i joint contractors, shall not prevent proc receipt of dividend in respect of such di; contracts against the estates ?respective ble upon such contracts. SEC. 22. And be it further enacted, all proofs of debts against The estate c bankrupt, by or in behalf of creditors res within the judicial district whore the Seedings in bankruptcy are pending, sh; made b?forc one of the registers of tho in said -liatrict, and by or in behalf of resident debtors before any register in 1 ruptcy in the judicial d'-strict where :reditors or either of them reside, c fore any Commissioner of the Circuit ( iuthorized to administer oaths in a?}1 Lrict. To entitle a claimant against ?stato of a bankrupt to have his denian lowed, it must bc verified by a deposit? writing' on oath or solemn affirmation bi the proper register or commissioner, se forth the demand, the consideration thc whether any and what securities are therefor, and whether any and what payn have been made thereon ; that the sum cl ?d is justly due from the bankrupt to the mant ; that the claimant has not, nor bas rjther person, for bis u-e, received any sec Ly or satisfaction whatever other than, by jet forth ; that thc claim wa3 not proa for thc purpose cf influencing tho proc ings under this Act, and that no bargain igreemeut, expressed or implied, hrs I made or entered into, by or on b -half of; creditor, to sell, transfer or dispose of mid claim, or any part thereof, against s bankrupt, or take or receive, directly 01 directly , auy money, property or consid ton whatever, whereby the Vote of such c itor for assignee, or any action on the par such creditor or any other person in the j :eeding under this Act, is or sb.>.!l bc in way affected, influenced or controlled, anti claim shall be allowed unless: all the sri mentsset forthin such deposition .-hail apr, Lo bc true. .Such oath or solemn affir mai shrill bc made by thc claimant, testifying his own knowledge, unless he is absent ii the United States or prevented by some < [jr good cause from testifying, in which ct the demand may be verified in ?ike man by thc attorney or authorized agent of complainant testifying to the best of knowledge, information and belief, and -ntl forth his means of knowledge; or if in a f eigu country, thc oath of the creditor may taken before any miui?ter,COiif:ui or vice co sui of the United States ; and the court maj it shall see fit, require or lOJtivefurther p. i ear. evidence, either for or against th; adu sion of th: claim. Corpoi?tioioi may verify ti claims by the oath or solemn a iii:-million their presiden:, cashier or treasurer, li' proof is sati.sfai.tory to the Register or 0? missioner, it shall be signed by the depone and delivered or sen thy mail to u.e assign who shaft examine the s?ma and com pax with the books and account-: ii il?? banlrn and shall r-'gUie;1, in a book t-- ba kept him for that purpose, the names ul credit? who have proved their claims, it- (he order which fitch proof is received, stating the ti ol receipt of such proof, and ibe amount H nature of the deb s, which books -hail open to the inspection of all he crcditu Thc court may, on th'.* application of the sign?e, or of any creditor, or A the bankru or without any application, examine up oath thc bankrupt, or any person tenderi or who has made proof of claims, a::d m summon any person capable ? fgivingevidtu: concerning such proof, or concerning tho .'. sought io be proved, and ?hall rei . claims not duly proved, or where l: pp shows the claim io be found.'d in ' .iud, il guilty or mi-take. SEC. 2l>. Aud bc it further enacted. Th when a claim is presented for pro;>f bell the election of the assigne?' and the jud entertains doubts of its validity or of the rig of the creditor to prove it, nod is ot opini that such validity or right ought to be invt ligated l?y the assignee, he may postpone t pn of of the ciaim until tho assignee is ch sen. Any person who, after thc approval this Act, siiali have accepted any prefer nc having reasonable cause to b?!ieve that t! same was made or given by f:io debtor, C; trary to any provision of rbis Act, shalln prove the ?lebt or claim on account ol whi< llie preference was made or given, nor alu he receive any dividend therefrom until i shall fir.^t have surrendered to the assignee . property, money, benefi ur advantage recei ed by him under such preference. Ti:e cou shall allow ?;l! debts duly proved, and shi cause a list thereof to be made *nd c -nili by one of the registeis ; and any creditor ma act at .di meetings by his duly constituu attorney tho same as though persona! present. SEC. 21. And be it fa ther enacted, Th? a suppo-cd creditor who takes an ap eal ! the Circuit Court from lha decision of tl: District Court rejecting his claim, in who! or in part, .-hali, upon entering his appeal i the Circuit Court, file in the clerke f-fr! thereof a statement, in writing, of his clam sotting forth the same, subslauti div, ai iu a d?? claration for the ?arno cause of action at la? ana tue assignee shall plead or answer ih^rt to in like manner, and lik* proceedings ?Art thereupon be had id tho pleadings, trial an determination of tho CHUSP, us in au action i law commenced and prosecuted, in the usu: manner, in the coutts ot the United States except that no execution shall bc awardei against the ussiguee for the amount of a dcb found due to the creditor. The final judg ment of the court shall be conclusive, an. the list of debts shall if necessary, be alter ed to conform thereto. T?e party prev?ilinj in tho suit shall be entitled U) costs agains the adverse party, to be taxed and recover?? as in suits at law ; if.recovered against th? assignee they shall be allowed out > 1 thees tate. A bill of exchange, promissory note or other instrument, ti ;ed ill evidence upoi tile proof of a claim, and left in court, or de posited in the clerk's office, may be deliv ered, by tho register or clerk having Hie cus tody thereof, to the person who used it, upon bis filing a copy thereof, attested by the clerk of thc court, who shall endorse upon it the name of the party against whoso estate it hu been proved and th ti date and amount of any dividend declared thereon. OF PROr-EKTY PERISHABLE AND IN DISPUTE. SEC. 25. And bo it further enact-d, That when it appears to thc satisfaction of tho court that the estate of the debtor, or any part thereof, is of a perishable naturi1, or lia ble to deteriorate in value, ' he court may or der the same to bo sold, in such manner as may bo deemed most expedient, under the di rection of the register or assignee, ns the case maybe, who shall tiold the funds receiv ed in place cf the estate disposed of; and whenever it appears to 'he satisfaction <>f the court that the title to any jportiou of an es tate, real or personal, which has come into possession of thc as-ignee, cr which is claim ed by him, is in dispute, the court may, upon the petition of tho assignee, and after snell notice to thc claimant, bis i<gent or attorney, M tho court shall deem reasonable, order it to bo sold, UDdcr thc direciion^of tho assig nee, who shall ho'd tho funds received in ' place of the estate disposed of ; and tho pro ceeds of thc sale-shall he coisiuered tho mea tm pf the value pf the property jp AUy *ujt ; or controversy i between the parties ii j courts. Bul this provision shall not pr( ? the recovery ol' the property from the . session of thc assignee by ttnj proper ai coairuencetl it any time before thc cour ders tho sale. J EXAMINATION OF BANERCPTS. SEC. 20. And bo it further enacted, ' tho court may, on the application of th sign?e in bankruptcy, or of any cr?dito wt bout ?ny application, at a'ltim. si ec the bankrurji. upon na-ouablo notice, f tend and submit to an examination, on c upon ali wat teri relating to thc disposa condition of his property, to his trade dealings wtfli others, and his accounts i cx-rri?ng tho saute, to ad debts? due to dr cf ed from him, ard to all other mattr-rs > corning his property and estate, and the se'.iletn mt thereof according to ?aw, w examination ahaii be iu writing, and sLal signed by th" bankrup* and filed with Other proceedings ; and thc court may, in manner, require the attendance of any 01 p rsoe a-.awi'.iu-ssandifawaysuchpersons fail to attend on being summoned thereto, dur. may compel his attendance by wari directed tb thc .Marshal, cm ma ti ding bin arrec? auch person and bring him forthv before the roiirr, or before a register in ba ruptcy, C?r examination as such witness, thc bankrupt is imprisoned, ubsent or d bled from atteudance, the court may or him to bc produced by thc jailor, or any ? cer in whose cusludy be may bo, or may dil thc examination tu b,e had, taken and CH fud, at such time and pine ii and io such m ?eras thc court rai) deem proper, and w like effect as if iiich examination had b had ??i court; Tlie bankrupt snail at ail'tiu until his -iis':h-.r;o, be subject to the ordei th': com't", and >hail, at. the expense-',/ the Ute, execute all proper writings and inst moms, ur.d do and perform ali acts requi by the court touching the assign.'d piupe ur estate,-?and. to enable the assignee to maud, recover mid receive all thc prop; arid estate assigned; wherever situated : n for neglect :;r refust! to obey any^urder of court, such bankrupt may bo Committed a punished for a contempt of court. If ri b-?iikrupt is with- ut thc district and ana to re>urn and personally at end at any of i times i.r do any of the acts which may np'.c Bed or n-qnired pursuant to this sect! and it i appears that such absence was i causvd by willful default, and if, as soon may be after tho removal of such impeding he offers to attend and submit to the order the court in all respects, h'! shall be perm led to do so, With like tfJV.ct as if he L not boen in default He shall also be at 1 erty from lime to time, upon oath, to ame and correct hts schedule of credit?>rs and pn ert)-, so that the same shall conform to t facts. For good cause, shown, the wife of any bat rupt may bu required to attend before t i ftOt;:r,~lo the end that B!IC may be cxami:: na a witness; and if such wife do not attc atolle lime and place specified in the i n! tho bankrupt shall not be entitled to ad chsrge uuie-s he shv.il prove to thc sst i-f. lion of the court tliat b? wa-> unable to p: car? thc attendance of his wife. No ba ti kr t .shall bc liable to arrest during the ptmddii O? the proect?fiinr.' in bankruptcy in a y ci action, unle^j tho same is founded on soi debt or claim from which his discharge bankruptcy would uot release him. OF THE niSTRIBCTI?S OF THE BAXKitl'PT's I TATE. SEC. 27. And be it further enacted, Tli ail creditors Whose deb:- ate duly proved ai allowed shall be e?it?tl .d lo share in tl bankrupt's property and estate pro. raid, wit out any priority or preference whatever, e cept that wagcj due from him to any upa live or cleric, or house servant, to an aumin not exceeding $50, tor labor performed wit in six months next preceding the adjudicate of.bankruptcy, shall bc entitled to priori and shall bc first paid in bill; provide,J, th any debt proved by any person liable as ba surety, guarantor u" otherwise, for the ban! ruptj shall uot be paid to the person SJ pru big the .-ame II i il satisbic.ory evidence alin Iv produc d <<i' ?he pay met of such deb: c BUCII p ison so liable, and fie share to whir ?ueh debt would bc entitled toity be paid in: court i r otherwise held for thc ucueiit of ii party entitled cucrc'to/a.4'. the court 'may d ?.. et. At the expiration of line - months fro thc due oi the adjudication nf b ir.ki'upt'cy any ease, orso much earlier ks the court m; din ct, the court, noon request of thu ?*s?g:ici shall call a general inviting of tie creditor uf which due notice ?ball be given, and iii a?s:gnec shail then report, and ?xiiibit to th cjnn ail-: to the creditors just and true ut Counts of a ; bis receipts and pay mr.nts, ve" livid by his oath, and he shall also produc ai.d liio vouchers fur all payments for wh o vouchers shall bs required by any rule of i . court; he shall also ? ubini' the ?ched ul? i the bankrupt's creditors and property ? iimended, dulv v?rifie'.) by the bankiupt, nu a statement of ?he whole e-tate of the banli rup! ??:> then itsccitair.i'd^ o?' ?he properly ii covered and vt tue property ou'stumiii specifying the cau-e of :is being outs an t:ti : also what debts ur claims are yet undeicrmi ed, and stating what .-um remains in i; hand . At such meeting the maj -rity in ral ue of thc creditors pre-cut shall determh whether any and (That part uf the mt pto coeds of thc esta to, after deducting and rc tuining n sum Kut?ciuut to provinu lor -ii undetermined * claim* which, by reason u the disla'ii rc dd:j:ice of the creditor, or iii oilier sufficient rea on, luvo not buen proved and for oilier ?xponaes oad ?oQtingenctUi aimil bc divided among the crediton j bu uide>8 at ?casi one hall in value of thc tre li tors shall attend suca meeting, cither in pur son or by attorney, it s'mil bethe duly of ti:i assignee so to determine. lu case a divido.H is ordered,iii? register shall, within ten da>! after such mcetiug, prepare a list ot erediun emitid lo dividend, and shall calculate AM: set pposite to the name of each creditor wlw oas p.uved his claim the divid? nd to which he ij entitled eui of ibo net proceeds of the est de s. ? apar, for dividend, and shad for ward by* mail tb every creditor a statement of the dividend to which he is entitled, ami such creditor shall be paid by the assijr.ee ia such manner as the court may direct. S KC. 28 And bi it further enacted, That ihe like proceedings shall be had at the ex piration ol thc next three months, or earlier if practicable, ami a third meeting of the creditors shall then V.3 called by the court and a final dividend then declared, unless any action at law or .-oit iu i quity b.? pend ing, or nitl.'gs Mime other estate or eli- Ct s of thc debtor aft. fward cometo ?be hands of the assignee, in which case the assignee shall a? soon as may be, convert such effects or >s j tati s into moneyj and within two mouths if I ter tim same shall bc so convened the samo shall bo divided in manner aforesaid. Fur iher dividends alinll be made i:i like manctr as of;mi as occasion requires, and aftt-r tae third meeting o'" creditor.! n>> further meeting shall be eulie I. unless ordered by the court. If at any timo ".here shall be in the hands o! the assignee any outstanding debts or ot! rr property dui: ur belonging to the estate, which cannot be collected and received by the tts aignce without unreasonable or inconvenient delay or experts -, i.he assignee may, unde. ihc direction of thc court, si ll and assign such debts or other property in such manner as tho courtshall order. No dividend aili cady 'declared shall be disturbed, by reason of debts beius' sub ! fiequ?ntly proved, but thc creditor proving su ch debt shall be entitled to a dividend equal to I those already received by the other creditors [ before &MV further Lpaymen: is made tb' the j ai i tr. . preparatory to tao M??1 uivjdv'ud tue assignee shall submit his account to tue. court and file, the same, and. gi re; notice ,to the cred itors of such filing, and shall ajsojgj-rp noiiee tliat he. will apply for a settlement; of . his cc- 1 count and for a di-charge^roni all. iiaoility as assignee at a time to be spcciUed it) such no ticc^and at such_time tho court ?ball, audit . and pass the accounts of the .assignee ; and such assignee shall, if re?uiredihy (fae court, be examined as to the truth of su.i?h account, and if found correct he shall thereby be dis charged fi om all liability as assignee to any crsdi-or of 'he bankrupt The roar: shall thereupon order a dividend of the estate und effects, or of such part thereof as it eec* fit, among such of the creditors" as have proved their claims, in" proportion to. flic respective amount of their'SAid debts. In rdditiun tu all expen-es necessarily incurred by him in the execution of bis trust in ??ny ettie,, thc as signee shall be entitled to au allowance for his services in such case ou all moneys re ceived and pai i ou: by him therein,, for any sum not exceeding one thousand dollars, live per centum thereon ; for any larger sum, not exe eding five thousand dollars, two anda half per centum on tho excess over five thou- ? sand dollars; and if at any * 'me there s'aall not be in his hands a suific'.ent amount of money to defray thc necessary expenses re quired for the further execution of his trust, he shall not be obliged to proceed therein un til thc necessary funds are advanced or satis factorily secured' to him. lt, by accident, mistake or other cause, without fault of the assignee, either or both of thc said second and third meetings should not be held within the times limited, the court may, upon motion bf an. intc-res.el -party, order such meetings} with like effect ?3 to the validity of the pro ceeding-! as if thc meeting had been duly held. In the order for a dividen'] under this section t ie following claims shall be^eiititlpd to p ri - orby or pr/terence, and to bc first -paid h full in the following order: First-The fees, co.<ts, andexpanses rf ::.;i'?, and the several proceedings in bankruptcy under this Act, and for the custody of prop; . crtv. as herein provided. Second-All debts due to the United Str.les, and all taxe3 aud assessments under tba law" thereof. Third-All debts due to the State in whit h the proceedings in bankruptcy arc pei/d og, and at! ?ax.s aud assessments made under t::u laws of such State. Fourth-vV. gtS due to any op-rat ve. clerk or house servant, to au .amount r-.ot exceed ing ??0, labor performed within six mouths next preceding the tirar publication^ ibo no tice of proceed.ng.s in bankruptcy. Fifth-All debm due to any perapn>who, by the laws uf thc United States, arc or may be . ?titled to a priority or preference in like manner as if this Act had not been passed ; allays provided, thai, nothing coutained in this Act shall interfere with the assessr. ie:?f. and collection of taxes by the authority cf tue United States or any State. OK THE BANKRUPT'S niSCIIAKUE OF ANTI ITS EFFI'.CT. Sice. 2'J. And b:- it further enacted, That ai any tim? after tue ex, .inti iori of six months from the adjudication <:f bankrupcy, cr it rn . debts have boen proved agstnsflb? bankrupt; or it' uo assets have come to tuc hands Irif the , a-sigaep, at a>?y time afur the. i xi:'ratbm-i.f s xty days ind within one year t'om tb': ad judication of bankruptcy, tue bankiupr may apply to the court for a discharge from I is d hts. and the court shall thereupon mdor 1 otice to be niven by mail to nil cixviiror-- srho have proved their debts, ann by public.:!? u !>-;tsr -ince a4fcv?*k i-i such newspapers as tue court shad designate, dae regard ii -in.r had'tu nie general circulation of thc satin in the district, or in that portion o: the district i ; which the- bankrupt and his creditors shsll rcaivle. io appear on a day appointed fut that purp iso a:?d show cause why a discharge sh iilld not be granted lo liie bankrupt. No d sch irge shall be granted, ot. if granted, be valid, if the bankrupt has wilfully sworn falso* ly in his affidavit annexe! to bis peljti nt, schedule or inventory, or upon any o .am i ar. ton 'in the coarse of the procrc i rs Mn bankruptcy, in relation to nay 1:aerial fic's concerning his estate or hi- debts, ir IO any other mateiiai fact, or if he has concealed aiiy part of his estate or ellees, or any books or writings relating thereto, or if he has been guilty of any fraud or negligence ia thc ' ire, custody of delivery to thc assignee of the pr 'p.-;ty belonging to him at the lime of tho prceoiWa'ibn of bis petition and inventory, excepting suoii property as bo is permitted retain under the provisions uf this Act, or if he lins caused, permitted or :-.itTered any loss, waste or destruction tLer^of; or if, within four months before the commencement of such proceedings, he bas procured his lands, g Kids, money or chattels to be attached, se questered or seized on execution ; or if. since t e passage of this Act, he has destroyed, mu t?lated, altered or.'faUiB?d any of his books, d' >cu:neiil>, papers, writings or securities, or bias made <ir been privy to the making i-f any false . r fraudulent entry in any br* k of :-.c cHint or other document, with intent to de fraud bia creditors; or has removed or caused ro be removed, any part of bis properly from tao district, with intend tu deiran 1 hi.? credi tor.-. ; or if he bas given any fraudulent pref erence contrary to the provisions of this Act, or made any fraudulent payment, gift, transfer, CoiiVfyanco or assignment of any part of his property, or has lo?t any p?rt thereof ia gam ing, or Las admitted a fatso cr factitious debt agumst his ista'o;or if, havir g knowledge that anv person Ins proved ouch fatso or ficti? tous debt, he has not iii closed thc se mo lo his assignee within one monili p.ftr-r ?uch koo? ledge ; or if, being a raerchitnt cr tradca mm he btu hot, subsequently tr> thc passage of thia Act. kept proper bookso? accouut; or if he, or any person in bis behalf has pro? cured the assent of any creditor to his di: ? charge, or influenced the action of any credi tor at any stage of the proceedings, by any pecuniary consideration or obligation j or if be has. in contempla:iou of becoming bank rupt, made any pledge, payment, transfer, as signment cr conveyance of any part of his property; directly or indirectly, absolutely or conditionally, fur tho p?rpese of preferring any creditor or pri son having a claim against bim, or who :s or ma;- be under liability for him, or for ibo purpose of prevent!! g the property from conting ?uto lin* Land- of thc assigne?', or of being distributed und.>r this Act in satisfaction of his debt; or if lie has been' convicted of any misdemeanor mider this Act, or bas been guilty of any fraud whatever contrary to the true intent .-f this Act; aud before" any discharge isgrnbtcd, the bankrupt shall lake and subscribe Fin octh to the effect that ho bas not dene, suffered :-r 'b-ren privy to any act, mutter or thin? speci fied in this Act as a ground for withholding such discharge, or as invalidating M h dis charge, if granted. SEC. 30. And be it further enactc<\ That DO person who shall have been discharged un der tlr.s Act, and shall afterward b.'cotno bankrupt, on bis own application s! all: bo again entitled to a discharge whose estate is insufficient to pay t-eventy per centum of tho debts proved against it, unless the assent in writing of three fourths ita value of bili credi tors who have proved their claims is filed nt or before the time of application for discharge; but a bankrupt who shall prove to the satis faction ol thc court that he has paid all thc debts owing by him at tho timo of any prc T?OUS bankruptcy, or' who has beeu volunta rily released therefrom by hij creditors sba! I bo entitled, to a discharge in the same manner and with the same effect as if ho bad n&'t pro- . vie us Iv been bankrupt. SHU. 31. And. be it further. e??nted,.?Il?at anv creditor opposing tho discharge of any baukr.up t may ri ip a *? necincatiou, in writing.