I I .1 if ! i i REMARK? OF Mm. CBAII AM," ' 1 v r HOfcTH CABOUHA, ' C;i Lie propoeinim lo emend ikt Dittribu .Horn Hill. V .., ...... ... ... ." " . .. - -a - '-' 1 , Mr. Graham said he begged leave of fer an intendment fur the purpose of bi otin$ difficulty which might possibly s- riej'the practical adnuitrlin uf thi bill, shoo'uJ it be enacted into law. When "tbf debt of the States were assumed by the federal Government antler ihe act of Congress of 1790, upon lite statement of their several serouots with the V. Stste then rnsde, about" one-half of the State were alleged to te ereditora, to whom a .fended stock wat issued la the amount of llt ir claims whilst the other States, in eluding thai which he (Mr. U ) had the hon or in part to represent, were mailt debt or', and they remained tharged aa such on the bks ol the treasury, although he waa lift aware thai this Government had at sny time since insisted on those charge at re al debit. Hit amendment provided thai the distributive thereof noStatein the pub lic lands should be retained maaiMaction iif claim of (hi del cription, aa provision had been alreadjr wiade thai there should be no retainer on account nf the auait de posited with the States uuder the act of. 1836. ' ; ;- - Mr. G. knew not how (he statement of the account to which heliad before refer red had been received in New York, Vir ginia.aod other Stale, whom it charged aa debtor, but in North Garnlira it iinine. Iiately drew forth an rarneat and derisive remonstrance from the L-gislature, who profetted againat the act of assumption and the mode of apportioning the balance a mongthe S'aif 1); fhe.articlet ol Con federation which elided when the teerral S'atea contracted their Revolutionary debta, it wat stipulated thai all expense incident In the common ilefrnce and gen eral welfare ahould lie paid out of a com mon treasury, in be supplied "by the sev. eril Stalrt in proportion to the value of all the land within each S'ste, gramed to, or surveyed for, any penon,s tweh land and the building and improvements thereon should be estimated," in the. wanner thai miht be thereafter directed. The act of aauinptinn, besides logmen, ting the common debt of (lie Union br the addition of tha debta ol teveral state, changed the rule f contribution by Ihe Stales from a land-tax in the proportion befero mentioned, and established in it ttead a charge on each State according to its Federal population, at ascertained by the census of 1790. This departure from ihe term of contribution which ei'uted when Ihe public debt wat contracted wa deemed highly injurou lo her by the Leg islature of-KorlhCsreKnt in that day, and f t caused her, a they inisted,to be charged .' , at a deVtvrrwhen she ought to hare been - . . ireporltd at creditor Stati L-;.: However Una nnght oe, U waa very err ' " tain that if any balance realty exitteda Hint North Crolina,it w lei than the aunt ttated in tlie report of the Comini. tionert, and charged en theJjonta of the Treatury at that time) inasmurh a no a. batement Wat made for the araiioti of her western Urtorr,nw Tennetwe, allhough the conditiont of that cetaion xprrady pro vide "tlut neither the lamia nor inhabi tants wetlwtril of the boundary deacribed . ahalf be eitimiled, after the eeation made by virlue of thia act shall be accefed",Tn Mcertuining the proportion of this State with the United Statea in the com man ex- , penti occiiioned by, the late war.!'. Mr. G. tiid it was further manifeat that no design had been entertained on the part of this Government to insist on the exac tion of the turns charged, at before ttated, against ihe several Stale, from the fact thai North Carolina, Virginia, and he believed other State, had prrferrCd claim aznintt fhe Government for expenditure in Ihe laat war, whirh w ere allowed and paid, and ' no offtet had been made, nor, a far a he knew let up, by reaton of theae old ac- II, however, there wat any disposition, alter the lapienf fifty year, to reive ihete ctaiinn, the aMendmen did nrtt.j)revi'ntit, its sole object and effect being to leave them ineRVctive by tlii act, whilst all the . rights snd defences of either party were saved. JU-fTta14iewJtW obterve that the State fro'm which lie Hnirht lunch Ittiinterett in thi matter than Sev eral - ntbef 'weetbers of the Unioiv, but it watdae to them "aH tfiarit should' be left to future djohnitit, if thi Government -t , intended to urge any further claim. THE BANKIttVPT UW, AX ACT h eaVMih a uMwm trfn of kmk- . ruptct Uir abeul tttt tvul cd Itute. v , He U tnutltd by Iht Sena t and Ilouti of lirfirtunlaiivtt t Iht V. Simfti of JI. '"' V Mtrira in Congriti eNioelliat there be, and hereby is, tablilied throughout the United Steles 'a uniform sfsfem ol -ukr!SiptcyaiioUowiuAU SMier( rtMding in any Klale, JPialnct or erritry tf-tteUnndtates,--owing .' debts whihhall net hsve been tr.-ated in ifinsequerice of a defalcation as a public officer, or . as executor, adminUtrator, guardian, or truttee, or "while acting in any oilier fiduciary capacity, who shall, by petition, setting f-irth, te the bed of hit knowledge tid belief, a ut of hit - " -'- or their creditors, ibeir reapectrve nlaces orrev,fnf WVdue tJeach, together with in accurate inventory f,hia ' or their pruperty, . rights and credit, of . -ever j name, kind snd description, and the , loca'ron and kitaatioa of each and every parcel and portion Un;reof, verified be ith, vr, if tfeusckeatiootly acrupulout of taking an oa'h, by solemn amrmaiion, ap r.I y t the proper court as hereinafter men tioned (or Ihe benefit of thi, act, end there in declare themselves te be enable te meet thir debts and engagements, shall be iletmed baokrvpts within the purview of this act, and may be so declared accor dingly by a decree of apch ct.orl All per aon being merchant or Sting the trade nf merchandize, all retailers of men han dize. and all bankers, factors, brokers uu der writers, or marine ineerer, owing debjl s to the amount of ' t le than two thou aiid dollars, shall be liable to become bankrupt within th- true iutrhl and mean ing of this act, and may, upon toe petition of one vr more of their creditors lo whom they owe debts amounting in the whide lo pot le( than five hundred dollar, to the appropriate court, be so declared rcmrd ingly.in the following cases t wit: when ever sot h perioti, being a merchant, or ac tually uting the trade of merchandize, or being a reiader of merchandize, or being a banker, factor, broker, underwriter, or marine insurer, thall depart from the State, l)'?rict or Territory of which he i an in habitant, with intent to oVfinud hit rred i'orj or shall conceal himself lo avoid be ing arrested) or ahtll willingly or fraudu lently procure himself to be arretted, or hia good and chattel, land or tenement, lo be attached, distrained, sequestered, or taken in execution; or shall remote hit good, chattels tndrffectt, or conceal them to prevent their being levied upon or ta ken in exerution, or by other procesf j or nuke any fraudulent conveyance aiign metit, sale, gift or other transfer of his laml, tenements. Rood or chattels, cred its, or evidences of debt: Piovuhd, how ever. That any person so declared s bank rupt at the instance (if a creditor, may, at I) a election, by petition to tuch court with in ten days alter ita decree, be entitled to a trial by jury before tuch court, to ascer tain the fact of such bankruptcy t or if such person shall reside at a great distance from the place of holding tuch court, the said judge, in hit dincretion, may direct tuch trial by jury to be had in the cfiunty of ui h perou' residence, in such man ner and under such directions at the taid court may prescribe and give; and all tuch decree passed by auch court, and not to re examined, shall be deemed final and conclusive at to the subject ma ter thereof. Sec. 2. And be it further enacted, That all future payment, aecuritiet, convey ances or translera of property, or agree menttjnade or given by any bankrupt in contemplation of bankruptcy, and for ihe purpose of gtting any creditor, endorsei, surety, or other person any preference or priority nver me general cteuiiort oi sucn bankiupt) and all other payments, securi ties, conveyances or translera of property , or agreements made or given by such bank rupt in contemplation of bankruptcy,, to any person or persons whatever, not being a bona fide credi'or'or purchaser for a val uable consideration, without notice, thall be deemed utterly void, and a fraud upon this set) and the assignee under the bank ruptcy shall be entitled to claim, sue for, recover and receive the same at part of the asset i of the bankruptcy) and the person making tuch unlawful preference and pay ment, shsli .receive., fio discharge under Ihe provision of thi act: Provided, That all dealings and transactions by snd with sny bankrupt, bnna fide made and entered in to more than two months belore the peti tion filed sgiinst him, or by him, thall not be invalidated or affected by this art: Pro vided, .That the other party lo any such dealing! or Iransactioni had no notice of a prior s c t of bin k ru ptey. or of the inten tion of ihe bankrupt to take Ihe benefit of thia act, and in rate it thall be made to appesr lo the court, in the course ol ihe I proceeding in bankruptcy, that the bank iupt, hit application being voluntary, has, j tubsrquenl lo the nrat day or January last, or at any other time, in contemplation of the passage of a bankrupt law, by assign ments or otherwise, given or secured any preference to one creditor oer another, he shall not receive a discharge unless the tame be assented loby a majority in inter est of those of hit creditor who have nol been to preferred.- Jlnd provided, uho. That nothing in thi act contained thall be construed to snnol. destroy or impair any lawful rightt f married women or minora or any leint, mortgage or other securities on properly, real or personal, which may be valid by the lawt of Ihe 8:les respec tively, and which are not inconsistent with the provision of the second and fifth sec lions of this set. Sec. S. And be jl further enacted. That alt-the proprrjjf. snd rights of property oj every -name and r. at lire, artd whether real, personal or, mixed, of every bai.kiupt -er crpt aa it herein! ter proiided, who thall by a decree of ihe proper court be declar ed to be a bankrupt within the act, thall, by mere operation of law, ipse facln, from time of such decree, be deemed to be, di vested out of such bankrup-, without any other act, assignment, or other conveyance whatsoever) and ihe same shall be vested signet a I aim lime to time shall be appoint ed by the proper. court for thi purpose) which power of appointment snd removal aurjuMiiiljn toties ,uotir and the assignee so sp pointed hatijiff vetted with alt the Tigtita, lilies, powers ard authorities to sell, man age and dispose of the same, and to sue fur and defend the earns, subject to the orders snd directions of such court, at fully, to ad intents and purposes, as if the same were vested in, or loiehl be exercis ed by, such battkrapt before or at th lime of hit bahknrptcjr declared as aforesaid) and all suits in Uw or in equity, then pen- ding, in whih sacb banarupt is a party, may be prosecuted snd defended by uih utignee to their final conclusion." in (he same way, and with tha same elTec at they might have been by tuch bankrupt) and nit commented, by or against any assignee ahalt b abated by his death or removal fiom office,, but the tame msy be prosecuted or defended by his successor in tha same office) Provided, hoicrvtr, That there thall bo except, d from the op. a a'ioa of the provisions of this section ALKIUIi ST A I , AN I) W OR . the necesiary household and 'kitchen fur- niters, anu even eitter articles ami nece Varies of such bankrupt, as the said, st !sinee shall designate and .set spart, hav j ing reference in the amount to Ihe family, , condition and circamstsnres of tha bank rupt, but altogether not to rxreed in val :ue, in any case, the turn of three hundred dollar) and alto the wearing apparel of such bankrupt, and that of l.i wife and children; and the determination f the st- ! signee in the matter thall. on exception la ' kn, be subject to the final decision ol taid court. Sec. 4. And be it further enacted, That every bankrupt who shall bona fide sur render all hit property and rihtt of pro perty, with Ihe exception before mention ed for the benefit of hi creditors, snd shall fully comply with and obey all the orders and direction which may fiom lime to lime be pasted by the ptoper court, and shall otherwise coulorm to all the other requisitions of this set, shall (unlets s majority in number snd vsluenf hia cred itors, who have proved their debts, shall file (heir written dissent thereto) be enti tled to a: full discharge from all hia debtt, to be decreed and allowed by the court which hat declared him a bankrupt, and a certificate thereof granted to him by such court accordingly, upon hia peti'ion filed for such purpose) tuch discharge and cer tificate not, however, to be granted until after 90 days from the decree of bankrupt cy; nor until after teventy days' notice in tome public newspaper, designated by such court, to all creditor who have prov ed their debts, and other person in inter est, to appear at a particular lime and place, to show cause why such discharge and certificate shall tot be granted) at which lime and place any auch creditor or other person in interest, mav appear and ennteat Ihe right ol the bankrupt there to: Provided, That in all casee where the residence of the creditor is known, a ser vice on him personally, or by letter ad dretsed to him at hia known usual place of residence, shall be prescribed by the court, a in their discretion thall teem prnper, having regard to the distance which the creditor residettrom tuch court. And if any tuch bankrupt thall be guilty of any fraud or wilful concealment of hia property or right! of property, or shall have preferred any of hit creditors contra ctu the provisions of this act, or shall wilfully omit or refute to comply with any ordert or direction of tuch court, or to conform to any other requisite of this act, or shall, in the proceeding under this act, admit a falae or fictitious debt against hit. estate, he shall not be entitled to any tuch discharge or certificate) nor shall any per ton, being a merchant, banker, factor, bro. ker, underwriter or marine insurer, be en titled to any such discharge or certifirat , who shall become bankrupt, and who shall not hate kept proper books of account, af ter the passing of this act; nor any per son who, after the passing of thi act, (hall tpply trutt fund to hit own use: Provided, That no discharge of Sny bankrupt under this act shall relesse or discharge any prr sun who msy be liable for the same debt at a partner, joint contractor, endorser, sure ty or otherwise, for or with the bankrupt. And auch bankrupt shall at all limes be subject to examination, orally, or upon written interrogatories, in and before such court, or any commission appointetl by the court Iherefor, -on oath, or, if conscien tiously scrupulous of taking an oath, upon hit solemn affirmation, in all matters re lating to such bankruptcy, and his acts snd doings, snd his property and right of property, which, in the judgment ol such court are necessary and proper lor the purposes of justice) snd if in any such examination he shall wilfully and corrupt ly snswer, or swear or affirm falsely, he shall be deemed guilty of perjury, and thstl'be punishable therefor in like man ner as Ihe crime of perjury is now punish able by f lie law of the United plates; and such discharge and certificate, when duly granted, shall, in all courts of justice, be deemed a full and complete discharge uf all debts, contracts, & other engagements of tuch bankrupt, which are proveablc nn tier this act. and shall be and may be plead ed aa a full and complete bar lo all tuiU brought in any court ot judicature what ever, and the tame Shall be Conclusive ev idence of itself in favor of such bankrupt,' unless Ihe same shall be impeached for some frsud or willul concealment by him of hit property df rights, uf property, a aforesaid, contrary to the "provisions of this act, on prior reasonable notice speci fying in writing tuch fraud or conceal ment) and it, in any case of bankruptcy, a majority, in number and vatue, of the creditors, who sha'l have protcd their debts tt Ihe time of hearing of the petition of the bankrapt for s discharge aa litre in belore i provideo written dissent to the allowance of a discharge and certificate to such bankrupt, oe if, upon such hearing, a dischsrge shall jnoLbedscre demand a trial by jury upon a proper is ue to be dtrerted r try -ther oort,- at such lime sod place and in such manner as the court may order) or lie may appeal from (list decision, st any time within ten days thereafter, to the circuit court next to be held for the same district, by simply en tering in the district court, or with Ihe clerk thereof, upon record his prayer for ao-a'ppeali.i.'s'ba-appeal.-ahall- -be tried at ihe first terns of the circuit Court after it be taken, unlets for. tufficieut reason, a continuance be granted) and it may be heard and determined by said court sum marily, of by a jury, at the option of a bankrupt) and the creditor! may appear nd object against a decree of discharge and the allowance of the certificate, at hereinbefore provided. And if, npnn a full hearing off the parties, it thill sppear to the sstifaction of the court, or (hr jury hall find that the bankrupt, has mad a full disclosure and surrender of all his T 11 C A K O L J N A .: A X estate, as by tliis act required, and Has in all tbinzs conformed to the directions thereof, the court thall make a decree of viueil in tin set. . . . . bona fide debts, shall be entitled lo share in the bankrupt's property and efi'ecls, pro rata, without any priority or preference .. .. i-i... .i . i. whatsoever, ex.ent only lor oeuts use ur l u.-.L . ... .1.. it c...... ....1 f.. .it Burn naiisrvpi iu iov j quiti,ihu iui mi j debts due by him to person who, by Ihe , lawa of Ihe U. States, have a preference, ' in consequence of having paid moneys as' hia sureties, which shall be first vaid out - See. a.. Anoue iiiunner enacieu, nai pumic newspapers pnnien in sucn oisirici, " vowri in oannruptcy, to compound a all creditors coming in snd proving their' In be designated by such eoorl, at least t debta or Other claims or.tecariiirt, dee' debts under such bankruptcy, in the man-, Iweiity days before the hear" ng thereof, belonng to the estate of the ha'ntra T ner hereinafter Dresrribed, the aaiue beinir' and all person in t created mav appear at but no such order or direction ai,.u P ' of Ihe assets, and any person who aha It j before tuch rourt, or before any commit have performed any labor ai an operative sinner appointed by such rourt. or before in the service ol any bankrupt, shall be entitled to receive the full -amount of the wages due to him for such labor, not ex reeding twenty-five dollars: Provided, 1 hat such labor shall have been pei formed within six months next before the bank ruptcy of his employer) and all creditors whose debts sre not doe snd payable until a future clay, all annuitants, holders of bottomry respondentia bonds holder! of policies ot insurance! sureties, endorsers. bail or other persons, having uncertain or contingent demanda against such bankrupt, shall be permitted to come in and prove such debts or claims under this act, and shall have a right, when their debta and claims become absolute, to have tha same allowed them) and auch annuitants and holder of debts payable in future, may have the present value thereof ascertained under Ihe direction of such court, and af lowed them according' v, as debta in pre sentt; and no creditor or other person coming in and proving hi debt or other claim, shall be allowed to maintain any suit at law or in equity therefor, but shall ba deemed thereby to have waived all right of action and suit again' auch bankrupt) and all proceedings already commenced, and all unsatisfied judgments already ob tained thereon, shall be deemed to be aur rendered thereby: and in all cases where there sre mutual debta or mutual credila between the parties, the balance onlr shall be deemed the true debt or claim between them, and the residue shall be deemed ad justed by the set-off; all such proof of Ueote ehall be made before the court Ie creeing the bankruptcy, or before some commissioner appointed by the court for that purpose, but such court shall have full power to set sside and disallow any debt, npnn proof that inch debt is founded in frsud, imposition, illegality or- mistake) anu corpoiattons to whom any debts are doe may make proof thereof by their pre sident, cashier, treasurer or other ofticrr. who may be specially appointed for that purpose) and in app inling commission era to receive proof of debt, and perform other duties, under the provisions of this set, the said court shall appoint such per qns as have their residence in the county in winch Ihe bankrupt lives. Sec. 6. And be it further enacted, That the district couit in every district shall have jurisdiction in all matter and pro ceeding in bankruptcy arising under thi act and any other act which, may hereafter be passed on the subject of bankruptcy) Ihe aaid juaisiliction to be exercised aunt marily, in the nature of tummary proceed ine in equity) and for this nurpoe the said district court shall be deemed always open. And the district judge may adjourn any point or question arising in anv rase in bankruptcy into the circuit court for the district in bis dis return, to be there heard and determined) and for this pur pose the circuit court of audi district shall also be deemed always open. And the jurisdiction hereby conferred on the dis trict court shall extend to all rases and controversies-in bankruptcy arising be tween the bankrupt and any creditor or creditors who shall claim any debt or de mand under the bankruptcy) lo all cases and con'roversiea between' such creditor or creditors snd the assignee of the es tale, whether i: office or re moved; to all cases ami controversies between such as signee and ike bankrupt, and to all acts, matters and thing to be done under and in virtue of the bankruptcy, until Ihe final distribution and settlement ol the eatate of the bankrupt, and Ihe cloc of the pro ceedingt in bankruptcy. And the said court shall have full authority and juris dicUo. to ciMopel 4belieac iu alt orders snd decrees passed by tHem in bankrupt cy, by process ol contempt smoother re medial proceSs. to the same extent the cir. coit courts n.sy now do in sny suit pend ing therein in equity. And it shall be the duty of the djstnet'eourt in each district, from time to time, lo prescribe suitable rules and regulations aud forms of pro ceedinga In all matters of bankruptcy ; which tuics, regulation anu lorma snail be subject tube altered, added tu, revised or annulled by the circuit court of the same district, and oilier tules and regula tions and Tor in all uch rales, regulation and formSr it shall be the duly of ihe said courta to make them as simple and brief as practi cable, to the end lo avoid all unnecessary expenses, and te facilitate the use thereof by the public at large. And the said courts shall, front time to time. Describe a laftflf of tsble of feet and charges, te be taxed by the officers f the court or other persons for services under this act, or a- ny other on the tubj et of bankruptcy) wnicn rees snan oe aa low at practicaoie, with reference to the nature and character of tuch services. I Sec f. And be it further enacted, That all petitions by sny bankrupt for the benefit of thi act, and all petitions by a' creditor against , any .bankrupt under .this act, and all proceedings in the case 10 the close- thereof, shall be had in the district court within and for the district iu w hich the person supposed to be a bank- fit T K rupt shall reside, or have his place of bu- (al, whether payable in present! ur tta f i siness st the time when auch petition is fiU 1 tore day. and to lender a due nrr. : j ed, except where otherwise provided in Hiis j of the con.litiona thereof. And auch I i mereoi snail ue poDiistien in one or more job i.ruer sou direction of ii.lv , the lime and place . where the hearing is made until notice of ihe pplicii01 jj j thus lo be had, and si ow cause if any 'l'?" i' some publje jiewspaper lt g ' they have, why the prayer of ihe said pen- I distiict, to be dea:gnated by the court t. i i i.i i ..n 1. 1 1 I i.. i...r... .l . t ? ... tw tioner miouiu 1101 uejranieu: ail eiuience " ai least ueioie the hearin?. ih.1.0 i. :. 1.. .. 1 : .. :n l : u. . ..1 t-.r';-- ui wiiiircai uc w-v-.. 111 an fimriiigii yr- fore such court shall be under naih, or solemn affirmation when ihe party la con- tcientinusty terupuloua of taking an oath, j and may be oral or by deposition, taken any disinterested State judge of the State in which the depoai ion 1 taken) ami a'l proof nf debts or other claims, by credit ors entitled t prove the same by this act, shall be under oath or soleinn"a formation as aforesaid, before such court or co.nmisxion erappointed thereby, or before tome disin terested State judge of the Slate where the creditors live, in tuch form as may be pre scribed by the rules and regulatiousherein belore authorized to be made and establish ed by the courts haling jurisdiction , in bankruptcy. Rut all such proofs of debts and other claims shall be open to contesta tion in the proper court, having jurisdic tion over the proceedings in the particular case in bankruptcy) and as well the as signee as the creditor shall have a right to a trial by jury, upon an issue to be direct ed by such court, to ascertain the validity & amount of such debts or other claims; & the result therein, unless a new trial shall be granted, if in favor of the claims, shall be evidence of the validity and amount of such debts or other claims. And if sny person or persons shall falsely snd cor ruptly answer, swear or affirm, in any bearing or on trial ol any matter, or in a ny proceeding in such court in bankrupt cy, or before any commissioner, he or tney shall be deeriied guilty of pejury, and pun'uhable therefor in the manner and lo the extent provided by law for other case. Sec. 8. And be it further enacted. That the circuit court within and for the dis trict where the decree of bankruptcy ia passed, shall have concurrent jurisdiction with the district court ol the same distric t of all suits at law and in equity which may and shall ba brought by any assignee of the bankrupt against any person or persons claiming an adverse interest, or by tuch person against such assignee, touching any property or rights of property of said bankrupt transferable to, or Vested in, such assignee; and no suit at law or in e quity shall, in any case, be maintainable by or against auch assignee or by of a gainat any person claiming an adverse in terest, touching the property and rights of property aforesaid, a ia any court whatsoev er, unless the tame shall be brought with in two year after the declaration and de cree of bankruptcy, or after the cause of suit that) first have accrued. o. n a .i k.:. r....u.- 1 -ri . '. lne J"" oate, uen all tales, transfers and other convevances of the assignee, of the bankrupt's proper ty and rights of property, shall be made at such times snd in such manner as shall be ordered and appointed by ihe court in bankruptcy; and all assets received by the assignee in money thall, within sixty day! afterwards, be paid into the court, abject to its order respecting its future safe keeping and disposition; and the court may require of such assignee a bond with at least two sureties, in such sum as it may deem proper, conditioned for the doe and faithful discharge of all his duties, and his compliance with the orders and directions uf the court; which bond shall be taken in the name of the United Statea, and shall, if there be any breach thereof, be sued and sueable, under the order of such court, for ihe benefit of the credit ors and other persons in inirrest. Ser. 10. And be it further enacted, I'hat in order to ensure a speedy settle ment, and close of Ihe proceedings in each case in ba- kruptcy, it t-hall be the duty of the court to order and direct a collec tion of the assets and a reduction of the same lo money, 'and a distribution thereof. at a early periods as practicable conais-J ..All. ... 1 1. .I... .. , . . I. " i T icniij miiu uuc irgaru 10 111c luieyeaia of the creditors: and a dividend and dis tribution of such assets as shall be collect ed and- reduced to. tnuoie v, .or o aimch thereof ar -can he safely so disposed of, consistently with the lights kand interests of third persons having adverse, claims thereto, shall be made among the credit ors who hsve proved their debts, as often as once in six months From, the tune of Ihe decree declaring, ihe bankruptcy) notice of luch dividend and distribution to be given in some newspaper or newspapers in the district, designated by ihe court, ten days st least before the order therefor is pissed) and the pendency of any suit at law or in equity, by or against such third penonl, thall Hot" postpone tuch divisions and distribution", except aa . far a the ne sets may be necessary to satisfy the same) and all the proceedings in bankrui ptcy in each case shall, if practicable, be finally adjusted, settled, and brought tea close by the court, within two years after the decree declaring the bankruptcy. And where any creditor sht.ll nut hsve proved bit, debt until a dividend or distribution Shall have been made and declared, he thall be entitled to be paid the sanies mount pro rata,' out of the remaining div idends or distributions thereafter made, as ihe other creditors hsve already received, before the latter shall be entitled to any portion thereof-" .-';? -,si.r Sec. 11. And be ft further enacted. That the as-ignee shall hsve full suthority, by snd under the order and direction ul Ihe proper court in bankruptcy, to redeem' any mortgage or othrf pledge or drpositr or lien Upon any property, real or person- . i- - . . . . .... l . . . k. . urn. creditors aiffl other persons in interest appearand show cause, if any they k,, at the hearing, why the order or dirtctial Bat . uirtcit. nan not be passed Sec. 12. And be it further enactej ITiat if any person who shall havc ben h.t ii.iiBigpu enuer tins act shall afierwt become bandrupt, he shall not again, entitled to a discharge under this aet- i,. Ie hi eatate shall produce (after i!f charge) ufficient to pay every credits seventy-five per cent, on the amount ( ihe debt, which shall luve been alluw to each creditor. . v -v Sec. IS. And be it further enactri That the proceedings in alt cttet in bank, ruptcy ahall be deemed matters of record; but Ihe same shall not be required tube recorded at large, but thall be earefull, filed, kept, and numbered in Ihe office of the cnr, and a docket only or short men orandum thereof, wi h the numbers, kept in sbook by the cleik of the court) silj the clerk of the court for affixing his name and the' seal of the court lo any form, ur certifying a copy thereof, when required thereto, shall be entitled to receive, a compensation, the sum of twenlj.fif cents, and no more. And no officer af the court, or commissioner, shall be a I lim ed by the court more than one dollar U taking the proof of an&debi L orjilherclai of any creditor or other person against tlx eslsle of the bankrupt; but he may be al lowed, in addition, his actual tisvclcsv penses for that purpose. s I Sec. 14. Acd be it further ecieted, That where two or more person, who ar park ner in trade, become insolvent, an order bit be made in the manner provided in tlii act, si lliei m the petition of auch partner, or any w of ihem, or on the petition of any creditor ei the partners; upon which order alt lha joini slock and properly of the company, and also ill the separate estate of each of th partner, thall .i:.i 1 ... .... be taken, excepting such paita. Jllieieof aa sis Herein excepted; and all the creditors of iW company, and ihe separate creditors of tMk partner, ahall be allowed to prove their respes. tive debt, ami th assignee ahall also keep sep arate accounts of th joint stork 01 property of the company, and of the separata eatate of etek member Ibeieof; aud after deducting out ol Ihe whole amnuot received' by auch asaijj neet, taa whole of Ihe expenses and disbursement naif by ihem, the nett nioteeda of die joint stork shall be appropriated lo pay the creditor of tan company, and the nett proceeds of the septnlt estate of each partner shall be appropriate pay hi separate creditor; and if there han uy balance of the aeparate estate nf any pi ner, after lha- payment of hia aeparate debit, auch balance ahall be added lo lha toint atocl for the payment of ilus Join! Crediicrs; and if " there shall be any balance of lha Joint stock, sf- .- man, iiai 1 snail ba divided and appropriated to aud amosf the aeperata cslatea of the teveral partner, ac cording to their respective rights and interests inerein, ana aa it would bav teep If the pin. nersnip nan oeen aissoived without any bans' luptey; and ihe sum so appropriated lolhtstft rale estate of each partner ahall bo applied 0 the payment -of hia separate debts; and tha cer tificate of diachanre shall be granted or refused lo each partner, a the aaroe would 01 ought t j o 11 in proceedings bad been against him alom in thia net; sad in all other respects ihe pre eeeding against partners shall be conducted ia lha like manner a if they had beea comment and prosecuted ajraiiisl one person alone, bee. IV And be it further eoaeted, flat a copy or any deere of souk ropley, and lha ap pointment of assignees, as directed by th third aecilou of thia act. ahall be reeited i a evert deed of land belonging t the bankrupt, M and conveyed by any assignees, under and ky virtue of thi act; and that auch recital, together with. a certified eopy of aueh order, ahall be full and complete evidence both of the baak rnptcy and assijinmeni h. rein rectied, and aupei sedethe nc-eescity of any other poof ' f aueli bankrnptry and sajifitmcnt to validate tl.a saW deed; and all deed containing such recital, aid aupported by aueh proof, ahall be as effectual lo pans ihe title of the hankrnpt of, To, -and 10 Ik lands therein meniioned and deacribed lata purchaser, aa full, to alt intent aad noroosea. at f mad by aueh bankrupt himself, imiaede , ately before neh order. - j See. 16. And be it turthet .aeid. That SB 1 jurrtdietion, power aad authority conferred una m inn nmmci court ot lne C !'" Slate by this an, in canes in bankrnptry, tt hereby eor.ferred oonn aA mi.I . tkriieuil lumum, and in and apoa lb Saprsma tit Sup nor Conit of any f thtt-Territoiie ef lha Ia States, in eaaroor baakroptev, where th bank- . ropt resides in ihe said Diavirict it Ciloaibi. ' or the aaie territoiie. See. 17. Aad bo it further eoaried. That thia act shall take effect tha Cist dai j-oCTcbruarj u.. ..: 1 JOHN WHITE. .5or tf ihi Haute tf Urnrctntatirtt. SAM'L L. SOUTHARD. Pretldent tf the Senate, pre tempere. , Approved, August 19, 181. 'V ' JOHN, TXI.CK. IGNORES i Friday, Aug. 0 IN SENATE. The Bill to revive and extend the ehir ter of the bank ol Ih District of CmIusv bia, ss smendedby the House ofReptesea latives, wss iakea up, and, after a few fi planatory remarks from Mr. Mrrrirk, sad s reply against the Bill by Mr. Beataa, the question: waa taken on concurring iv the amendments of the House, sod decided ' in the affirmative. ' 1 h Land Bill was taken up, and amend ment after amendment pressed on thecos sideration of the Senate. The amendmeat did not vary in principle from tome that had been negatived more than once before. At 9 o'cloi k; the Senate adjourned sf er having been in session eleven hours. HOUSK OF REPRESENTATIVES. , ' On tabt ion of Mr. Sergeant, the Ilonst

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