Page:United States Statutes at Large Volume 18 Part 1.djvu/1058

 986 TrrLi·: r.xr.—BANKRUPTCY.—Ch. 5. Revised Statutes of the United States, Title “BANxnUr·ror," and a - pears to have conformed to all the requirements of law in that behaif, it is therefore ordered by the court that said be forever discharged from all debts and claims which by said Title are made provable against his estate, and which existed on the da · of, on which day the petition for adjudication was filed by (br against) him: excepting such debts, if any, as are by law excepted from the operation of a discharge in bankru tcy. Given under my hand and the seal of the coiirt at in the said district, this day of ] (Sea .) t ud e. Se c ond bunk- Seo. 5116. No person who has been discharged, and afterward becgmmes ’“Pt°5'- _____ _ bankrupt on his own application, shall be again entitled to a discharge Ibid.,s.30,p.532. whose estate is insufficient to pay seventy per centum of the debts proved "_`gjQgj,§é]{;‘é against it, unless the assent in writing o three-fourths in value of his L0w_’ 430_ ’ creditors who have roved their claims is filed at or before the time of application for discharge; but a bankrupt who proves to the satisfaction of the court that he has paid all the debts owin by him at the time of any previous bankruptcy, or who has been volluntarily released therefrom by his creditors, shall be entitled to a discharge in the same manner and with the same effect as if he had not previously been bankrupt. Cermindsbtsnot Sec. 5117. No debt created by the fraud or embezzlement of the bankreleased. rupt, or by his defalcation as a public officer, or while actin in any fidu— -·L;;(_kTIj,{m-é the debt may be proved, and the dividend thereon shall be a payment m,,_,£h_’ -292; I"',.,, on account of such debt. Sevmour, 1 Ben., 348; In rc Kimball, 2 Ben., 554; Jin re D, 2 k. R .. ; Whitehouse, 4 Bank. Reg., 15; Morse in Hutchins, 102 ME 43l)3%mnfr¥1·.1(lotfi1hrf §(}‘}\£al.sf.63·}5$ qipygagddlz Egker Sewing Machine 1·. Clinton, 5 Biss., 324; U. S. 1-. Rod; .’ rg . By - Liabilityofothef Sec. 5118. No dischar e shall release, discharge, or affect any person P°"°“*’ “°* ‘”°‘ liable for the same debt Eur or with the bankrupt either as rtner joint- ,____ contractor, indorser, surety, or otherwise. l pa l 2 Mar., 1867, c. 176, s. 33, v. 14, p. 533.-In re Levy, 2 Ben., 169. Effevi vi di¤· Sec. 5119. A discharge in bankruptcy duly granted shall, subject to §“L‘¥°;... - ._. the limitations imposed by the two preceding sections, release the bank- Hg jj jegé, If: rupt from all debts, claims, liabilities, and demands which were or might 533. have been proved against his estate m bankruptcy. It may be plea ed A Hq,,,,ble&C,gj by a simple averment that on the day of its date such discharge was Carson; U. S. ii. granted to the bankrupt, settin a full copy of the same forth in its terms Plerrvh. ?0 Well-, as a full and complete bar to ad suits brought on any such debts, claims. E;j1;I;§‘§{?;f,Hf‘f:)j liabilities, or demands. The certificate shall be conclusive evidence in I;,,,,,, P0,,;,,;,,,; fapor of siupli bankrupt of the fact and the regularity of such discharge. Low., 411; Wi kins v. avis, 2 w., 511; Wylie v. Breck, 2Woods, 673. Application to Sec. 5120. Any creditor of a bankrupt, whose debt was proved or rov- ’i _ able against the estate in bankruptcy, who desires to contest the validity 2 Mar., 1867, o. of the dischar e on the ground that it was fraudulently obtained, may, W6. S- 34. V- N. P- at an · time wifdiin two years after the date thereof. a pl to the court 53% ___ ______ which granted it to annul the same. The a plieation shallvbe in writing, In re Houghton, and shall specify which, in particular, of tllle several acts mentioned in 2J;>“§·r{*28i¤ L; section fifty-one hundred and ten it is intended to rove a ainst the 7C0W_ 38,, :§§,,;m_ bankrupt, and set forth the grounds of avoidance; andp no evidgence shall ,,,,,,u,Q·,, (5a,,,,, 1 be admitted as to any other of such acts; but the application shall be Woods, 37. subject to amendment at the discretion of the court. The court shall cause reasonable notice of the application to be given to the bankrupt, and order him to appear and answer the same, within such time as to the court shall seem proper. If, upon the hearing of the parties, the court finds that the fraudulent acts, or any of them, set forth by the creditor ggamst the bankrupt, are proved, and that the creditor had no knowlge of the same until after the granting of the discharge, judgment shall be given in favor of the creditor, and the discharge of the bankrupt shall be annulled. But if the court finds that the fraudulent acts and all of them so sct forth are not proved, or that they were known to
 * bid_,,_33’p_53§f ciary character-, shall be discharged by proceedings in bankruptcy; but