The Greensborough patriot [August 31, 1841]

              THE GREENSBOROUGBt PATRIOT.
VOLUME III. GltEENSUOKOlir.il. N. C, TUESDAY, AUGUST 31. 1841. NUMBER 2.).
PUBUBlMB WBKKI.Y.
BI gWtlM * B1IEWWOOD.
TB R 5 S:
Two Dollars .ixl Fifty Cents ■ year, in
advance or Three IV.ll.ir-. after the expira-tion
of •iroc month. I'roro I lie (Into of the first
nnmbci received.—No pa per will bediscon-lir.
jei until .11 srroarnres are paid, except.!
the option of the iiiblishers; and . failure In
order a iliwontiu-iance within the ye»r will
be consideieda new MMIBNl.
Aitvrrliicmenl:—at < >nc Dollai porMm
for the 6r«l insertion, and Twenly-rive Cents
for each succeeding publication. A liberal
deduction will be maile in favor of those who
advertise by thei|uarter,orfor >■ longer period.
0^ 'Wcers to tho publishers muni come
free of postage; or thev cunnot be attended ta
tOitBESSIOVAL.
I ■
tind.i
IN SENATE, AUGUST 1ft
TUB VBTO.
After two successive diMppointrnenls,
on prev IOUS day., from rote* lo postpone,
(he question at lift came up at 13 o'clock,
on considering llic Executive communi-cation
containing the Prtaidcni's ehjec
iiom to i lii? bill chartering a Fiscal Bank.
Mr. Clay addressed the Senate in a
very elnqucnt speech in vindication of
the course of lite Serials in relation to
the bill, anil particularly llial in reaped
to the 16ih or compromise section,against
winch llic objections of the President
were expressed with peculiar tienphasis.
[As a full report (aay» tho Intelligencer)
uf Mrs speech and some of those which "
followed is* in a course fif nienaratioii l.y
out Reporter, we must de/cr even an
Outline of the speech for the presri.i.j
Afier goi.ng through With an cxvnm.iti. ii
of the several positions taken i" lh» M> *•
■age, ami replying 'o lie Presidi id's oa
jiciinns, Mr. 0. adverted lo the fact that
some of his friends round him were en
gaged in the preparation of » new bill,
ami, without pledging himself lo any
course respecting it uuiil he should see
its precise form, Mr. C. expressed his
hope that they would go on, and milder
it ai perfect as possible. Anil In- conelu
ded wilh congratulating tin; country on
the many important measures which had
been carried through both IIou»M during
the present extra session, ami expressing
his hope tint, if not now, ut Hi" regular
session something might he done to pui
*!!:!: eUffBCjr.of lb* cuuniry on a siir-and
satisfactory basis.
Mr. /fires followed in a nnfsch vindl-eating
the course of the President, on
which he passed tho highest etlloginms.
He Mew il inclined to treat Mr. Clay's I
■peeeh as an attack on the l'resid.nl for |
trenehery to Ihe country and lo his partv.
lint, in repeated explanation* when
passed between tho two Senators, Mr.
Clay disclaimed, all such purpose, and re-sisted
what he considered as inisrepii:
sentations (ihni^li uniiileiilional ones i.l
course) of most of the points be had t.i-ken.
Mr. R. concluded by expressing an
earnest hope that no new hill would be
brought in, but thai the question would ex;
be referred over to the People. If, how-ever,
such a bill should he reportnl as he
could conscientiously support, it should
havo his vote.
Mr. Clay rejoined in a second speech,
(which became unusually impassioned
toward Ihe close,) and in which he warm1)'
repelled the impuialioiiofhiiviiigntiiick. il
Ihe President.or charged him with Inach-ajSgUMIld
Inmsell satisfied and the Inqui-ry
dropped.
'I'll, question was Ihcn (at past 0
o'clock) taken anew upon ihe passage ol
Ihe bank bill, and decided by yeas and
nays as follows :
Was.— Messrs. Barrow, Bates, Bayard,
berried, t l.oalc. Clay, of Kentucky, l/ixoii,
Kvans, Graham, Henderson, Huntingtoo,
Kerr, Mangum, Mernek, Miller, -Morehc.d,
Porter, Prentiaa, Preston, Simmons, &miiii ui
Indian i. Southard, Tallinudge, \S lute, V\ owl-
Matt—'St. _
Aogs—Messrs. Allen. Archer, Bcnton.
Ilui i,..: in. Celboun, Clay, ol Alabama, t-toy-ton,
t.uthbcrt, Fulton, K.ug.eM.iuii, JlcKu-kefta,
Mouii.n, Nicholson, Pierce, Hives, Be-
HIT, Sturgeon. Tappan, Walker, Williams,
W oodbury, W right, Voung—'.24.
There nol being Ihe constitutional ma-jority
of two-lbirds in favor ol llie bill,
which woulu be requisite lo i nlille it lo
be sent lo the House ol ll<piesclilalivta
for the like couciiin nee iheie, the bill
reinaina finally rejtcied.
The Senate then, after an exhausting
session uf seven houn, adjourned.
IluIIN:- of Kipr. s nlntiv.x, Aurust 20.
F19l.ll. COUCH VTIuN.
On motion ol Mi. ArrgfurM ihe House
resolved n-ull iiiluf-iuniiiilli eol ihuwhole
on ihe state ol ISMI Ulnor) (Mr. Daiv.-on,
o'. Georgia, HI il" chair.)
On motion el Mr. s. the committee
look up HUUM loll N - 14, being a bin
polled Iroui the Select I 'oiuiiiiiieu ap-idled
bj Una House oietbe subject .el
iji.riei.cj.iinlille.l - A bill Ussueuipurile
iho subsvjfinera IO llic i'l.-u.u liuuk ul tin' i
.tolled Males." *
.Mr. Ncrgtant said III it !i-' Mould Hale
the coin.oiltee what lo ineanl In pie.
su lo ilietii. 'I he Commitu e would
■also ill v neoli. ei ill. o ilure ol I hi
ery. He adverted to theirjong persona
red it lo tin u'liinpatri (
lull winch had been n poited bv lln-l" .in-miiiee
on ilje CUrVucy some CJUMII- rs
ble tune ago, ami Which was numbered
"fourteen." His inteulioii was now lo
move toaiiioiul the bill I.) striking out all
after the enacting oluuse, and in.-, iing
What he would »• nd lo Ihe Can. III.
intention, further, wat <o ask, upon tins
motion being mule and curtain amend-menu
wuieli lie mtcudid lu pri.po.-t be-no'
picai.nied lo the Cotlimltti », mat Ihe
committee sUOnltl rise, III oro. r mat lie
llllglll, 111 tile lioil.-e, looke" lire printing
..l Mori IUH i diuents ibui ihe) uiiglll in-laid
before llie moiuotrs ol the House.—
And llieo.iis.oon as that was liune, ho
uuuld a?K Hie House lo go lulu co.uiuii-
ILU ol the tV e •)■! llic s'tttle ol llie Union
lot llie puipi.-e ul Wking up mo subject.
Mr Hue lose and efpivstod his »i»h
thai, before auj action a..ojid bo lofceii
uu llie ..in.i.diiieiiis, ill. gunlleiuaji from
Puunsylvauia (Mr.ttergeani) would stain
Ilia couluuts ol llioui as buelly and aue-cuictlv
Ba lie cuuld.
Mr, liihiur lose, he «ld, merely lo
,\ik thai llie aiiieudiueii'a iniglil be read]
before Ihej wire ordered lo Ira printed.
He «ooi.l*tlnn be'very gtuil io hear any
the geuileuiao from Petisyl
vanis (Mr. Surgeani) iingbi think propei
Ul make.
Mr. Charlit Brown s»ld that ii would
be neeussar) io read Hie bill Mid amend
uienis from begining to end before order*
uig ihe amendments to be printed.
The Cork then r.ad bill So. 14, with
the umuudmeiils proposed- by Mr._j.Sii-gl
ant.
Mi. Sergeant said that, as several in
qnines had bi < ii made of lino w nli n gard
to Ibis bill in- would now proceed lo make
a slum stall ui.nl, to show in wli.il re-
•et.- ii d.Hi ied from that recently he-one
million,, wilh power lo extend if lo
thirty live millions
3. The former bill provided lor offices
of discount and d« pusite. lu this then
are to be ngeuifiis only-
3. The dealings of Ihe Corporation are
10 be ei.nlin.il lo buying and selling loi-
' ijn billa ol exchange, including bills
diawn in one Stale or Tcmtoiy and pay-able
in another. There are to be no dis-counts.
4. The title of the Corporation ischang
ed.
Mr Witt raised Ihe point of order that
ibis bill w n subslai.ee, the same us
thatwhih ha I yesteiday been rejected,
and ll>a( il eaeld nol, llo n fore be laki u
up; otherwise the constitutional prevision
might llios be evaded-
Alter sonic conversation, the chairman
overruled the ohj. cliou, on the ground
thst ihe uiessuns were nol the same,
ih..null pans of ihein might be similar.
No appeal being taken, ihe motion of
Mr. Sergeant was pui, and agreed to,
And the committee rose aud reported
pn.gr. sf on ihe hill.
Mr. Sirgriwt moved that llie amend
meiits i.fl'.ied by linn in committee he
printed.
Mi. U'i/iinms, of Md., moved 10amend
that nm.iiiliu.nl by adding, "and Hul
every part of llie aineiidiiieuls ttluch is
nol fill rally cuiaii ed in llie original bill
proposed lo hi siiuck out,shall bu prill
•< d iu i'l'lirs."
Mr. II isc moved to amend the amend
mint by adding, " and thai the Vein Mots
sage l.e printed for tho use.nl the uiein-hers
of 'U>- ll-.n- ." • -
Mr. /.twis William* said that tin
Hi...-. I....I i.-.i gol in.. Vein Meaaige, and
crfl M noi, Ihcri lure, order the printing
..• it.
Ami tin tptakcr so decided.
Alii-l tome eoiiser-aliini, Mr. W, ('.
J hnaon moved the previous question on
tn. Hint ion to print.
Anil there was a srrnnd.
And ihe mam niieslion (being1 on tin
printing) was ordered lo be .taken.
Tin amendment ul Mr Williams was
vot. d down.
And Hie motion of Mr. Serjeant was
■greed io.
So llo- amendments weieordirnl tube
printed. , ^^___^^____
Tt»e iiiiitiii'.ipt Law.
i: en xelcd ba the Sttuteaad
rirescn/iifitet of ihe uniltd
lo ascertain ihe fact ol such bankruptcy ;
or41 ueli person shall reside st a great
distance from the place of holding such
eouri, the said judge, in hie discretion
may direct such Irial by jury to be bad
in ibe couulfof such person's residence,
in such manner and under such direc
Nona as the said court may prescribe and
give; and all such decrees passed hy
such court, and not sore-exainiued, shall
be deemed final snd conclusive ss to the
subject-matter thereof.
Sec. 2. And be it further enacted,
Thai all future payments, securities, con-veyances,
or Irausfera of property, or
agreements made or given by any bank-rupt
in contemplation of bankruptcy, and
lor the purpose of giving any creditor,
endorser, smery, or other person any
preference or priority over the general
creditors of such bankrupt j and all other
payments, securities, conveyances, or
transfers of properly, or sgrecments made
or given by such bankrupt in contempla-tion
of bankruptcy, lo any person or per-sons
whatever, nol being a hnna fide
creditor or purchaser for a valuable con-
■■deration, without notice, shall be deem-
• d utteily void, and a fraud upon this
aci ; and llie assignee under Iho bank-n.
pte) slu.l be oiiiillcd lo claim, sue for,
recover, and receive the same as part of
• In-IISIH is uf ih" bankruptcy! and . tin
p. r-on making auoh uulawiul pn lerencet
and paymi Ills shall riceive no discharge
under The provisions of tins MII Protit
ded. That all dealings and IransaCllooJ
i y and Wilh any bankrupt. bOUS fide made
end cut.-red into more than two in .nibs
before the petition filed agaiiitl him, or
b) him, shall not le invalidated or aflec
inUby llus aci: Provided, Tint the
..tlii-r pain loony soendettiuiesortrana
actions bad nonolioeoft pnof act e
huiikrupicy, or ol ih • intention of th
court, snd ahull otherwise conform lo all
the other requisitions of ibis act, shall
(unless a majoruy in number and value
ol his creditors, who have proved tbeir
del ts, shall file their written dissent
thereto) be entitled to a full discharge
Iiom all his debts, lo be decreed and af
'owed by the court which haa declared
hmi a bankrupt, and a certificate ihereol
granted in In in by such court accordingly,
upon his petition filed for such p irpoae ;
such discharge and certificate nol, how-evor,
to be granted until after ninety days
from the decree of bankruptcy, nor until
aflrr sevmty dava' notice in somo public
newapap. r, oV/ignati d hy auch court, to
all creditors who havt proved their debls,
and other per-uns in interest, to appear
at a particular tune and place, lo allow
cause why such.discliarge ai.dcimScale
shall not be giar.ted; st which lime aod
place any auch cicdilors.or other persons
in interest, may appear and cnu'esl Ibe
right of Ihe bankrupt thereto ; Provided,
Tnat in all cases where the resid»ffse of
Ihe creditor is known, a service on biai
ai I.is known usual pl.ee of residence,
shall Ii pre,crib, d by the court, as in
iheir discntion shall seem pioper, bar-ing
regard lo the distance al which the
the en dilor rrsnbt from such court.—
And if any such bankiupl shall Ira guil-ts
of any fraud or w Iful concealineiil ol
Ins properly or rights of praperly, or shall
have preferred any of Ins creditors culi-nary
lo the provisions of Oils act, or shall
wilfully omit or refuse to comply with
.'.in. orders or directions of such cuml.or
I lo conform lo any other requisites of this
jiii-i, or shall, in the proceedings undui
itlus act, admit a fajse or Gclilioiis debt
I against hit ettale, he thall not be end
filled lo aov aueh discharge or certificate;
nor! shall any person, being a merchant,
krujil io lake the benefit of tins act. Thinker, factor, broker, underwriter, oi
And III casu il shall In: made to appear j marine insuri r, be entitled to any such
in Ihe court, in Ibecoursn of the proceed- jdi-elnrg> or Ci rlifieate, who shall becotne
uigs iu bankruptcy, thai the bankrupt,
s appitcatiun
quint- lo tile
.II any oth.-r
l.iiiktu, t. and who shall not have k. pi
proper I ouka of account, after Ihe pas-i.
g of ibis MI ; nur any pi rson who, af
l.r ihe passing of this u"t, shall appli
trust funds lo his own use : Provided,
Ins application being v.ilui.t.iry, has, snli-first
day ol J inusrj last,
lunar, in contemplation ol
ihe passage of a bankrupt law, I.) assign.
minis or otherwise, given or secured any | Thai no discharge of any bankrupt under
preference lo one creditor over another,' this act shall release or discharge am
he thall not receive a discharge unless,person wh
the same be assented to by t maj my i
I'
Xtalet
■ii in Vongrt■uattembled, I'hai
f.re llus HoUM. He H
that ih. io are two or Hire
iu Una lull, and tin re wei
or thr. e pi ccs, Wh.t-h I
better have been Ii llOUl,
friendship, declare
by what had IrBtttpired, and his desire
for its long continuance; but adverted lo
a certain cabal, which claimed lo ba Ibe
President's fncnds /mr cxicllenre, arid
who surrounded and sought lo guide him
ss a sort of second Kitchen Cabinet—
whose object was Ilia dtteolstion of Ibe
Whig parly, the dissolution of Congress.
and a change in ihe whole face ol ibe
aflairs of the country- Those might whit
per suspicions into his earn, I endeavor ,»..„ in the present < jongri
10 pour poison into his heart, with a view
to separate him Iiom Mr. C. If Iho Pres-ident
should choose, though Mr. C. was
sure he could not, lo lend his ear lo inch
advisers, and to separate himself Irom
him, he should deeply regret it for the
sake of their common country.
Mr. Rico also spokeIgian, with much
animation and earnestness, still taking
the ground thai Mr. C. hnd attacked Ibe
President. (Mr. C. still disclaiming and
correcting hi* representations of what
had passed.)
Mr. day laid,a fr-W more thins", in a
more playful spun than before, in reply
lo Mr. U-'s last remarks.
Mr. Archer mail* .in effort lo bring
Mr. Clay lo a ditclaimei of any allusion
to his colleagues in lite House of Repn •
sentalivea iu what lie had said about a
kitchen cabinet.
Mr. CVoudeiiied thai be had asserted
Ihe existence of such a e.l.al; he had
staled Uu- existence of auch a rumor, and
a.ked Mr. A. if he had never beard ol 117
As to bit colleagues being implicated,
llial was Mr. A.'sown infertnce,not Sir.
C.'s assertion. .
After several inquiries anil repliethad
pissed, in Ihe lilt of which Mr. C, re-fused
IO ".i fmilier ill hie disclaimer—
Mr. Bern » slated to Mr. Archer « I. I
Mr. Clei had mid i with «hicrl Mr. A.
u!d Mi),
verbal
Br.t
run
uu
ii,oiiglii bail
I wlncii vvi r.
Wi
iloiis of taking an oath, In
liion, apply, lo the prop
uiti iid-d to him In o led by Iho
COinillllleC. There Were several gclllle
ss who cuter.
ined t xm me hostility io the word
hank," ami, as far us he wasconcurncd,
be I. It evert disjiosiluu to indulge their
feelings, and he Ind therefore endeavored
Ihroiigheul this bill lo avoid using Ihe
word "bank." If that word anywhere
remained as applicable io ihe being ii
was propiiM d to ere lie hv this law, lei II
(,„ oil I—lei It go OUl. Now, llie WOld
"corporation" aounded Well [laughter,]
and lie vv is gl M to priccive it gave pi. a-sure
lo Ibe Hootn. At all events, hey
had a ni vv leord lo fight against. Now,
the difler.-'iiei. bi'lvtlWII llns bill and that
which passed lbH House Burne days ago
would he so. II byoomparison. The pie
sent differed from il ihei principally
in three or lour particulars, and Ihi re
were some oilier pans of the bill wh eh
varied, ii nni particulars, Irmn tint
winch had bei u before Iho House a few
dayt ago. Those differences gentlemen
would h.ve no difficulty ill di-eoviriiig
and understanding when the bill should
have been printed. !!•• would now pro
cecd 1.1 answer tin inquiries uf gentlemen
iu reference to tins bill. Mr. S. then
slated the
po nts of
hills:
I, The capital in the former hill was
lliirly null "is, wilh powei lo extend it
io fifty n illione. In Ih - ■ II twenty-
/:.
o/' Ii
if Am
iliere be, a..d h. toby is, utltbluheil
thioi.gln.nl He UnlU'd States a iiiiifiiru.
system of bankruptcy as billows: All
p. isnns wli.n-ocvci, residing in any Slate,
D strict. <u Teiiilury of die Coiled Stall s,
livinig II^H-, vv inch shall not have been
ensiled in consequence of a defalcation
.-.a a public uifi soli or as i xecutor, adim-uitira'or,
guardian, or trustee, ur whii.
acting in any other fiduciary capacity,
who shall, by petiiiod, setting forth, to
the I"-I of Ins knowledge and belief, a
li-t of lus or their creditors, their reap c
live placet of lesiihuce, and the aiuniuii
due lo each, together with an sccnitle
inventory of HsO/theirpropierly, rights,
a d credits, of ever) name, kind, and
di fcrit tinn, and the location and sunn
lion of each and every pateel and portion
thereof, vi tifnil by path, or, if conaeien
llously scrilp
•o'emn nffi u
court, »s hereinafter monrtonod, for ih
belli lii id llns act, and theiein dedal
•In iii-eln-s 10 he unable lo meet their
debts mid engagements, shall be llocnn.il
baiikruplt wnhtn-the purview ol this aci,
and nay be so declared accordingly bv
a decree of such court. All peraons,
• eing inerehaiiti, of using ihe trade ol
uicr hs.uli-e, nil retailers ol nli rcl.audisc,
ami ill bankers, factors, brokers, under
wii ers. or in inue iii-ur* rs, Owing debts
to llie amount ol not less Iban tvv.i tlio-i
sand dnllars, shall lie liable lo become
bankrupts wiihin the Iruu intent, and
meaning of tins act, and liny, upon Ihe
I pel ■ I inn of one or loorvof their creditors,
io vv hoiii iln-v owe debts amounting in ihe
A hole lo not less than five hundred did-lars,
to the appropriate court, ba so de-clared
accoidingly, in iho follow uigca-es,
10 will win never such person, being w
on reliant, or SCIually using the trade of
ni. rchaudite, or being a retailer of mer-chandise,
or being a hanker, factor, hro.
k< r. il iil.rvv tiler, or marine inaurei, -hall
depart from Ihe Slate, District or Tsrri.
tory .if wh eh he is an inhabitant, with
intent to defraud his creditors; or shall
conceal himself, to avoid being arrested;
or slnll willingly or Irauduluullj procure
11 self lo be arrested, or his goods and
Ichattels, lands, or lent nts, to be ai-
' ladied, distrained, seoui iten d, or taken
!iu execution ; or shall remove lus goods,
eft.itii Is, and i IV. eis. or conceal them to
prevent their being levied upon, or lakei
iu execution, or by other ptocess; oi
in.iUo any fraudulent conveyance, assign
iiieni, sale, gift, or other transfer of lus
Is. tenements, goods,
may he Ii. ble for Ihe sain
|. bl at I partner, joint contractor, endor-ser,
suieiv, or olht iwi-e, for or nub tin
bankrupt. And mch bankrupt shall si
»!! him he subject to exsniititiioii,oral
lv, or upon wr lieu injurrogttories, iu and
bl lore inch court, or any commission ap-poured
by Ibe court thenl.ir, on o.iih.
or if COnscionlioUsly scrupulnlll of Inking
Ihj ihe lawaltn bath, upon lus sol. inn alii matron, in
and winch are lull matleis relating lo aucll liaukniplci,
' y
second and tit la sections nflhis act.
Sec. 3. And In it further tmtettdi Tlial
all the piopi rtV and righll of prupi MV,ol
S. c. 0. And be it further enaeied,TU»l
all creditors coming in and proving thcr
debls under such bankruptcy, in tl>-
maiiner hereinafter preaenbed, Ibo sauio
being buna I'ule debts,sball-beeotiiled to
abate in the bankrupt's properly and ef-fects,
pro rats, without any priority ur
preference whatsoever, except only for
debts due by such bankrupt to the I'nited
Slates, and for all debta due by him lu
person, who, by the laws of Ihe United
^iales, have a prefer, nee, in consequence
of having paid moneys as bis sureties,
winch shall be first paid out of Ibe asset.;
and any pctson who shall have performed
any labor as an operative in ibajutervica
of any bankrupt shsll he entitled to re-c.-
ive Ibe full amount of Ibe wager, duo
to him for such labor, new exceeding
iwent) -five dollars: Provided, That such
labor thall have been performed sriihni
il n-ontha next before (be bankruptcy
of his employer; snd all creditors whnao
dtliia are no' due snd payable until a fu-ture
day, all annuitants, holders of, bot-tomry
snd respondeiifia bonds, holders of
personally, or by lelti r addressed to linn police- of insurances, suretir.,eiidor-frs,
bail, or other persons, hur
inn rest oiiho-e ol hisertdilors who have
mil bun so preferred: Anil provided,
aim. Thai nulling ill tins aci cinla II d
:;.;; '.c COfiiiiuii .i iu annul, destroy, or
impair any lawful rightt of-manied wo-men
or in nort, or any lii ns, mortgages,
oi other securities on property, rial or
p rstlnal, which may h
f ihe States resp- cliv
not inci.iisisienl w.thlhe provisions of the land lus acts ami doings, and Ins piop.
mil rights nf-prop t , winch, in Ihujudg.
neiil ot such eouri, are necessary viy
r fur ihe purposes of justice ; ami
every nemo ami nilure, anu whether
II al, pi rsonal, or mixed, of • very bank-rupt,
except as is hereinafter provd.d,
who shall by .i il.-eree of the prop, roourl
be declared to he a hankiupl wuhin this
act, shall, hv im re opt ration of law, IptO
I icto, from iln lime of such decree, be
deemed lo be d'veetod out of such bank-rupt,
without any othei act, assignment,
or othci coi.ve_vui.ee wliaiso'Ver; and
the same shall be vested, hy force of
Ibo same decree, in such assignee as
from time lo luno shall he appointed
hv Ihe propi r court for llns purpose;
winch power of.appointment and removal
-ucli coiirt.m.iy exercise al its discretion,
I ilies quotics ; and Iho aMIgnM so ap-pointed
shall he voajed w iih all the rights,
til.es, powers, anil authentic, to tell,
manage, and dispose of tbe tame, and lo
for and di fend the same, subject to
ig uncertain
or continge nl demands against siirhhank-rupt,
shall be permitted lo come in and
prove such debta or claims under this
act, and shall buvv a right, when their
debts arid claims Income absolute, In
have iln- same allowed ihi m ; and such
annuitants ami hi.Id.-is of il. I.is psvablo
iu future may have llie present va'ue
then of asccrluini il, under the direction
of such court, ami allowid ihein arenrd*
ingry.aa debta in prcscn,li; atsdiincr.il.
■ tor or oilier person, coming in and pro.
ting his ih las** oilier claim, shell be al-low,
d to maintain ,1".v ""' a> law or in
equity il en for, bill shall be derated
thereby to hive waived til right of aciiun
and suit against such hai.krupi; ami nil
proceedings a'ri .uly commenced, Ind all
iiiisalisfu d judgitienta alnwnl) ohimucd
thereon, shall be deemed to be surren-dered
thereby j and in all cites where
lIn re are/mutu«l d- bis or lliulual en il Is
between the panics, iho balance only
shall be dinned lbs true debt or claim
between them, and ihe resHlue, shall he
deemed adjusted hy the ret off; all such
proof of debts thall bo made before Ihe
court decreeing the bankruptcy, or b. fo-o
some co nnns.Mini r nppi4ultd liv the
Ciiu't { r 'hat pur.osc; hut such court
.lull have full poiv.r lo set aside am/
di.allow any debt, upon proof thai sueli
debt is ruuuded in fraud, imposltion, ille-gality,
or mistake ; and corporations to
whom ui.y debit ate due may make proof
thereof by their pre-iileul, cashier, trea-surer,
or other officer, who may he ape-eiulU'
appoin'id for that atlfpote ; ami in
Hjipo'iitiugcouilirs.-miiicrito reel ivopr. of
of debts, and perform other ,tul-• s, under
tin- provis ons of ilns ncl, ihe snid court
-hall appo nl such p IS.UIS Bl have their
residence ui the c.iunly iu winch ihe
btnkiupl live-.
Si C. 0. Anil lie ilfurther enacfed. Thai
the di ri I c u.t n every d s r ct ahull
have jun.-d o'mil in all mail, is and
now punishable by the laws of the United ! proceedings in bankruptcy arising under
Suites; and such' discharge and cerlifi tins aci and any other act which may
cale, when duly granted, shall, ill all hereafter ho passed on Iho subject of
COU>tfl of justice, bo drained a full and bankruptcy ; Ihe said jurisdiction lobe
complete discharge of all debts, contracts, 'exercised siimiiiarily, in the natuie of
ami other engagements of such bankrupt, | summary proceeding! in equity ; and for
winch are provable under ibis act, ami ] th a purpeia Ihe Mid district court shall
-hall be and may he pleaded as a full and I In deemed always npi n. AiAj the dis-coinpl.'
c bar in'all suits brought in am liici jiulne may i dj"Urn any point in ques-coorl
of judicature whatever, and tin j o. iril.ng in any Cute ill bankrupt y
shall ho couclusivo evidence of j t to the circuit courl for the disiiici, lu
his di-cretioo, to IIP III
prop
if in any such examin tin he shall
fu'ly ami corruptly answer, oi aWear ul
alii in la scly, he shall he deemed . u It. ol
perjury, and shall he punishable therefor
i like manlier as the crunu of perjury
line snail lie cone
itself in favor of such btnkru;it, i nl ss
llie .nine shall be impeach, d for some
fraud or wilful emicealinenl by bun of Ins
properly, or rights of property, at afore-
-aid, contrary to llie provisions of this
ihe orders and directions of such court, aci, on prior rcisonable notice specifying
as fully, to all uili uls and purposes,as il i in ivriting such fraud or concealment :
i chili. I , ere.
loll..wing as Ihe substantial J ,,„„ or c,jJ,.lirrs 0| debt: Provided,
difference between ihe two| /tolreteri That any person so duolared a
I krupl at the instance of a cndil.r.
May, al his election, by petition to tueh
within ten dais all. r its di cice, be enti
tied to a trial by jury before sucli court,
Ihe some were vested in, or might b
.xeicis.d bv, siiel" bankrupt botoreovai
the tune in« bankrtipicv declared as afore-id
; ami .ill tolls in law or in equity,
then pending, in which such bankrupt is
a panv, mat be pru.icuicd anddi fended
by such aitigui'Oto their final conclusions.
ui the same way and wilh the same elf CI,
as uicv iiiiju have been by such bankrupt;
and no sun commenced by or against am
assignee slnll he abated by his death or
removal Irmn office, hut the same may
lie prosecuted oi ilefeudi d hv lus succ.es-or
in the same office ; l*rneiiled,hoicev
,r. That there shall be excepted Irom llie
operation of the provisions of llns section
the necessary household and kitch ul fur-niture,
and such Other aitieles aud neces-saries
of such bankrupt as Ihe said assig.
nee shall designate and set apart, having
reference in llie family. Condition, and
Circumstances of the bankrupt, but alto-gether
not lo exceed in value. In any
case, the sum of lliree hundred dilHara ;
aud, also, the wearing appati I of such
bankrupt, and lhatof his Wife and chil-dren
; and the determination of the assig
nee in ihe matter shall, on exception Ink-en,
Ira subject lo the fi lal decision of said
Court.
S. c. 4. And be ilfurther < nacti d, That
every bankrupt who shall bout fide sur-render
all his property and rightt of pro-pertv,
vv ith Ihe exception in fore uu ution
mil if, iu any case of bankruptcy, a IBB-j.
nity, iii number an I value of the i redit-
■■rs, who shall have proved I hi ir ilelu- a'
ihe lime of hearing of llic petition of ihe
bankrupt fot t diMharge as here
he.iiil ami de
lerinin. d ; and for t it purpuM Iho cir-cuit
court of such district shall also bj
deemed always open. And ihe jurisdic-tion
hereby conferred on the dislr.ct
court shall extend lo all cases eiid con-troversies
in bankruptcy arising between
the bankrupt and any creditor or credi-tors
who shall claim any ilchr-ordi uiai.il
uni!' r the bankruptcy j lo nil petal si il
controversies between such creditor., or
creditors and ihe assignee of the etfWte,
vv bother in office or removed ; lo all cases
and controversies between such assignee
and Ihe bankrupt, and to all acts, mailers,
and things lo be done under and in virtuo
ul iho bauktiiptcy, until the final distri-bution
and seiileiiient of ihe atlateof Ihe
iibefore
...led. shall al such hearing file their
written diaaenl lo the allowance of a dis-charge
and certificate In such bankrupt,
or if, upon such hearing, a discharge shall
not he decreed to him, the bankrupt may
demand a trial by jury upon a proper is-sue
lo he directed by Ilia courl, at such bankrupt and Ihe close ol ihe proceedings
lime and place and in rack manne.1 at 1 in Uankruptcy. And the said count
the conn may order; or he may appeal ] shall have full authority and jurisdiction
from Ibtl decision, al my time Wuhin io compel obedicjice te all oiden and de-ten
days thereafter, 10 Ihe ci'cuil CPU11
next lobe held for t e same ihslnct, lit
-imply eiiteiiug in the district court, or
cries passeil by them in bankruptcy, by
pro'-1-s ul contempt ami oilici nun dial
process, to the s one cxn i.t tie circuit
with the clerk thereof, upon record, dial courts way now do its any suit pending
prayer for an appeal. The appeal shall jiliereiii in ecjully. And it slp.ll Ira t!. :
he tiled at Mie Ii t (eim of' the Circuit
court after il be taken, unless; for s fli
cient reason, a continuance be granted;
ami it in iv In- heard and determined by
said courl summarily, or by a jury, ul
ihe option of a bankrupt; and llic credi-tors
innv appear ami object against a de-cree
ot dischargo and the allowance of
llic certificate, as hereiiih. fore proviih il.
And if upon a full hearing ul llie parlies,
it shall appear to the ttlisficlion uf tin
court, or the jury shall tin.I, that the hank
rupf has mad. :, fell disclosure and siir
render ol all his estate, as hv llus act re-ed,
foi Ihe'bbiiefil of, bit creditors, and j quired, and has in all things conformed
shall fully comply with and obey all ihe, to tbe direction! thereof, the court ihall
orders and direction! which may fium make a decree of diseharee, and grant u
lime to time he pissed hv the proper certificate, at provided ii ihii
duly of tho district eouri in eai-lnl'sir.ci.
from lime lo time, to precribe luilaldo
rules ami ri gtiltltona and forms of pro-deeding!
hi JII inutii is of liankri ; • i ;
which rules, regulation!, and li'iins shall
be inbji cl in l,e alien d, add d lo, n vrser',
nr annulled, by ihe mrauM court of lira
-am ■ dislricl. Olid i.i her. rules, mil regu
lotions, ami loriiis suhstitnti d Ihtrefur :
w\ iu all such rul.s, regulations, at I
Inrms it shall be the duty of the said
courts to make ill- -.> us simpli' and brii I
is/priolibnble, lo llic end lo avoid all
unnecessary expenses, and In laetlilaie
die n«e ihereol hi Iln p ibhi nl I ige,
And llie laid roi Ms ah ill, fn in ' me In
i eriba a III II table id I. ■ . ai .1
■■■'..'.. Im ia> , ■ '..■■ of th«