Page:United States Statutes at Large Volume 14.djvu/563

 THIR/I`Y—NINTH CONGRESS. Sess. II. Ch. 176. 1867. 538 that the bankrupt has in all things conformed to his duty under this act, _G¤rti6<>at• of and that he is entitled, under the provisions thereof, to receive a discharge, d"°h“'$°· the court shall grant him a discharge from all his debts except as hereinafter provided, and shall give him a certiticate thereof under the seal of the court, in substance as follows :-— District Court of the United States, District of Whereas has been duly adjudged a bankrupt under the act of Congress establishing a uniform system of bankruptcy throughout the United States, and appears to have conformed to all the requirements of law in that behalf; it is therefore ordered by the court that said be forever discharged from all debts and claims which by said act are made provable against his estate, and which existed on the day of, on which day the petition for adjudication was filed by (or against) him; excepting such debts, if any, as are by said act excepted from the operation of a discharge in bankruptcy. Given under my hand and the seal of the court at, in the said district, this day of , A. D. (Seal) Judge. Sec. 33. And be it further enacteal That no debt created by the fraud  d°l•*·• or embezzlement of the bankrupt, or by his defalcation as a public officer, gg, mticzrpd or while acting in any fiduciary character, shall be discharged under this act; but the debt may be proved, and the dividend thereon shall_be a payment on account of said debt; and no discharge granted under this act shall release, discharge, or affect any person liable for the same debt for or with the bankrupt, either as partner, joint contractor, indorser, surety, or otherwise. And in all proceedings-in bankruptcy commenced {H pmmdafter one year from the time this act shall go into operation, no dis- igzs <=g:;¤:i€¤<=°d charge shall be granted to a debtor whose assets do not pay fifty per cen- :h°::é° 1,;,,%,,, tum of the claims against his estate, unless the assent in writing of a grautedtodsbtmajority in number and value of his creditors who have proved their g;';g€S°¤”;?t; claims is tiled in the case at or before the time of application for dis- pm- conlly char G. Sgt:. 84. And be it further enacted, That a discharge duly granted un- Dm}, 6 m der this act shall, with the exceptions aforesaid, release the bankrupt ¥d¤wm¤¤k- from all debts, claims, liabilities, and demands which were or might have ,r:£:dir';,'}‘°${1b‘}:` been proved against his estate in bankruptcy, and may be pleaded, by a against the simple averment that on the day of its date such discharge was granted l’“k'“P*• to him, setting the same forth in huec verba, as a full and complete bar to all suits brought on any such debts, claims, liabilities, or demands, and the certificate shall be conclusive evidence in favor of such bankrupt of the fact and [the] regularity of such discharge : Always provided, That any _Validity of creditor or creditors of said bankrupt, whose debt was proved or provable g;°°h’{8°t:5*¥ against the estate in bankruptcy, who shall see fit to contest the validity °°n °° ' of said discharge on the ground that it was fraudulently obtained, may, at any time within two years after the date thereof, apply to the court which granted it to set aside and annul the same. Said application shall Proceedings he in writing, shall specify which, in particular, of the several acts men- in ““°h °“°‘ tioncd in section twenty-nine it is intended to give evidence of against the bankrupt, setting forth the grounds of avoidance, and no evidence shall be admitted as to any other of the said acts; but said application shall be subject to amendment at the discretion of the court. The court shall cause reasonable notice of said application to be given to Nvticew said bankrupt, and order him to appear and answer the same, within such b““k""Pt‘ time as to the court shall seem lit and proper. It, upon the hearing of Finding ofth• said parties, the court shall find that the Fraudulent acts, or any of them, °°"'°‘ set forth as aforesaid by said creditor or creditors against the bankrupt, are proved, and that said creditor or creditors had no knowledge of the same until after the granting of said discharge, judgment shall be given in favor of·said creditor or creditors, and the discharge of said bankrupt shall be set aside and annulled. But if said court shall iiud that said