Page:United States Statutes at Large Volume 30.djvu/589

 550 FIFTY-FIFTH CONGRESS. Sess. 1I. C11. 541. 1898. creditors, and the money necessary to pay all debts which have priority and the cost of the proceedings, have been deposited in such place as shall be designated by and subject to the order of the judge. Tim =¤•1 nlm ¤f cA date and place, with reference to the convenience of the parties h°°"““‘ in interest, shall be fixed for the hearing upon each application for the conhrmation of a composition, and such objections as may be made to its confirmation. hQj;*;*Qg]f{,°':¤“*°**° dThe judge shall confirm a composition if satisfied that (1) it is for ` the best interests of the creditors; (2) the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge; and (3) the otier and its acceptance are in good faith and have not been made or procured except as herein provided, or by any means, promises, or acts herein forbidden. ¤£g·,;v°·i¤°¤ °°¤· eUpon the confirmation of a composition, the consideration shall be -¤¤mim¤¤cf1. distributed as the judge shall direct, and the case dismissed. \Vl1enever a composition is not confirmed, the estate shall be administered in bankruptcy as herein provided. Compositions when Sec. 13. COMIPOSITIONS, WHEN SET AS1DE.—-a The judge may, upon '“ ““‘°“‘ the application of parties in interest filed at any time within six months after a composition has been confirmed, set the same aside and reinstate the case if it shall be made to appear upon a trial that fraud was practiced in the procuring of such composition, and that the knowledge thereof has come to the petitioners since the confirmation of such composition. Discharges- SEO. 14. DISGHARGES, WHEN GRAN'1*ED.—a Any person may, after the expiration of one month and within the next twelve months subse- —¤rr¤¤=¤¢i¤¤ fm'- quent to being adjudged a bankrupt, file an application for a discharge in the court of bankruptcy in which the proceedings are pending; if it shall be made to appear to the judge that the bankrupt was unavoidably prevented from filing it within such time, it may be filed within but not after the expiration of the next six months. -ri¤¤¤¤¢‘1¤¤¤ri¤e- b The judge shall hear the application for a discharge, and such proofs and pleas as may be made in opposition thereto by parties in interest, at such time as will give parties in interest a reasonable opportunity to be fully heard, and investigate the merits of the application —c·>p·1i¤¤¤» r~r1¤i¤l¢¤ and discharge the applicant unless he has (1) committed an offense intent to conceal his true financial condition and in contemplation of bankruptcy, destroyed, concealed, or failed to keep books of account or records from which his true condition might be ascertained. 1>_i~;~·¤·.m;¤ by rom- c The confirmation of a composition shall discharge the bankrupt composition and those not affected by a discharge. l}i¤··l·¤¤‘=•·¤· rh ·>¤· Sec. 15. l)1scHAnGEs, WHEN RE\`OKED.—R The judge may, upon "`"k°"‘ the application of parties in interest who have not been guilty of undue luches, filed at any time within one year after u. discharge shall have been granted, revoke it upon a trial if it shall be made to appear that it was obtained through the fraud of the bankrupt, and that the knowledge of the fraud has come to the petitioners since the granting of the discharge, and that the actual facts did not warrant the discharge. f *‘···*··¤·{··¤ ·¤ lf ·· *`·. suc. 16. Co-Duurons or BANKRUPTS.——1l. The liability of a person erf•».l hx clischurge of . . . i.¤ni.n.5f. who IS a co debtor with, or guarantor or in any manner a surety for, a _ bankrupt shall not be altered by the discharge of such bankrupt. ,wl;·*;*;‘,((g(_,,j}’[‘;‘jj;* SEc.17. DEBTS Nor IXFFECTED BY A D1scHAaeE.——aA discharge ma.in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are judgments in actions for frauds, or obtaining property by false pretenscs or false representations, or for willful and malicious injuries to the person or property of another; (3) have 11ot been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt. unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud,
 * ° °’“""““‘°‘ punishable by imprisonment as herein provided; or (2) with fraudulent
 * ’“"'""" from his debts, other than those agreed to be paid by the terms of the