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The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, September 14, 1841, Image 1

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fJeoptc'B pu
H. BELL,....Editor and Proprietor.
OltDEItS, Resolutions, Laws, Public
Tkeaties, Ect. or tiie United States,
The People's Press ii printed in the Brick
Building J'orth endof theBridge, by
bytchom all orders for printing Books, PampMel),
Bills. Cards, 4-c, ofevery descriplion,tciU be neally
gndfazhionably execuled, al short noliee.
Villagc subscribers
Mail pubscribers, ......
Individuals and Companies who tafcc at the office,
or j,ou cenu 11 paia in six monuis.
ompanies on stae routes, 81,75
or 1,50 if paid in six months.
Thosc who take of I'ojtriJrrs, .... $3,00
Companies and individuala OfT thc route . 1,75
or 1.50, if paid in six months.
KopapersiHsomtinucd until arrearagcs are paid, cxcept at the
optton orthe proprietor. No payinenta to Carriers allowed cx
cept ordered by the pioprletor.
All commtinicauons mustbe addressed to the editor Post Paid
It is a well osccrtaincd fact that leavcs pcr.
form an important part in aiding thc growth
iftid in rrmtuiing all our fruits and grains.
They elaboratc thc sap and ht it for nourislung
evcrv part ot the plant. JUns bcing adnnt
ted, the infercnce nccessarily follows, that the
leaves should not be removed as long as the
fruit rcquircs moro nourishmcnt. Ifthe top
is takcn from thc stalk while the corn is yct
immalure, nothing clse can be cxpectcd to rc
sult, than a ditninution of thc crop. Those
farmcrs who arc accustomcd to cut the stalk
while it is green, may be loscrs by thc opera
tion. Various expcrimcnts havc been madc all
of which, as far as we know go to provc that
where the process of cutting is omittcd, the
crop is from 10 to 20 per ccnt grcatcr, than
whcre thc top is takcn ofT, when the grain has
but just bcgun to harden. Mr Clark's account
givcn in Vol. X. of this papcr, and other ac
counts in subsequent years all show as great
a difTcrence as we have namcd. Onc rcmark
in these accounts deservcs particular noticc
It is statcd that, beforc harvcsting, there was
no perceplible difTcrence in thc two parccls of
corn with which the trial was madc ; and yct
when tried in thc half-bushcl and by the scales,
thc reiult has bccn uniform in favor of lcaving
thc stalk unmutilatcd.
Now wc ncithcr cxpect nor ask farmcrs to
dcpart entircly from thcir usual process, but as
it is casy for thcm to leavc two or four rows
through thcir cornficld untouched, and then to
measurc the product of thosc rows, and also
of an cqual numbcr of conliguous rows at the
time of harvcsting, and thus confirm our rcfute
thc corrcctncss of thc opinion that it injures
the corn to takc ofT thc top as this is an easy
process, we rcquest evcry grower of this crop,
whomay chancc to rcad thisarticlo to make the
cxperimcnt. If it shall bc found that the usu
al process subjects us to a loss of 7 to 10 bush
elsofcorn per acre, asthc published accounts
teacn that it docs, then thc question is surely
wc-rlh scttling. If the loss be thus largo, then
evcry consideration ofintcrcst, calls upon our
iarinera io nhandon thcir old wavs.
But it will bc said that the top stalks arc
worth much more as fodder, if cut while full
of sap. This is true ; and the question to be
settled is, whcthor morc is cainea by thc m
crcascd worth of the stovcr, than is lost
by the diminuation of the corn. Expcrimcnts
expcrimcnts in many ficlds should bc madc
for the purpose of determining this point. We
urrrc this with more carncstness than we do
most cxperiments ; because herc thcrc is scare-
ly the possibility of a loss which could be scn
sibly fclt bv evcn the poorcst farmer.
Thc stafemcnt above refcrred to, that no
difTcrence was pcrceived in the parcels of corn
bcfore harvcsting, shows the importance of a
voiding all guess work in this mattcr. Wc
have bccn satisfied from other sourccs that
vcry few ej'es can make any near approach
to accuracy in mcasuring the quantity of corn
upon an acre ; or in mcasuring the comparative
vield of two contirruous rows. There should bc
accuratc mcasurcmcnt.
We have been accustomcd for a few years
past to this process, and we prefer it to topping
thc stalk. and leavinrr thc corn standinrr. We
have no doubt that the stover is worth morc ;
and we havc no doubt that the corn is swcetcr
and hcavicr. Thc summcr grains, wheat, rye
and barely, arc Icssened in quantity and de
tcrioratcd in quality, by standing uncut after
the straw begins to turn yellow ; and, until cx
perience proves the contrary, it might be expec
ted that tho same would be true inrelation to
Indian corn. Our experience is in accordance
with this cxpectation. Some cars from our
ficld, takcn where thc stalks had been toppcd,
and other ears taken from the stooks wcre ex
hibited at thc show of thc Essex AgricuUural
Society, last autumn, and the committee on
fruits and flowers, publicly, in their report,
pronounced that the best which was taken from
the stooks.
Process About one week later than the
usual time of topping thc stalks, when thc
husks on the carliest cars arc begining to turn
white, cut at the root, laying three or four hills
together for a bundle ; Iay the butts or bottoms
evcn ; the corn may be bound up immediately,
green as it is ; or it may be lcft open a day or
two to dry. Rye straw, bulrushes or chair
fiagsaremore convenient for bands than the
corn stalks. After the bindihgs of tho bun
dles, the corn maybestooked immediately, ta
king eight or ten bushels for a stook ; around
the top put two or three bands ; and if these
bc well put on, the rains will not pcnetrate so
far as to do any harm,
Fcars may be cntcrtaincd that in this con
dition the corn will mould. But our experi-
enco teachcs otherwise. We havo had it in
this situation through succcssive days of warm
wet weather. and no injury sufTered. Hero it '
is secured against frost, against birds (but not
micej it is mosuy secured against the dirt
which autumn rains throw upon the leaves
and husks. Lct it rcmain in stook until it is
well dried from thrce to five or six weeks. I
Largc stalks stand in stook much better than !
it mi i ii ii i it
stnaii oncs. i ne larrjer ine corn. ine Deuer is
it suited to this process of curing.
Pobuc No. 9-1
AN ACT to esiablif.li a uniform system of
Bankruptcy throughout the United States.
Bfl il enacled by the Senale and House ofRep-
Congress assetnbled, That there be and herebv w.l s,gnee to their nnal conclusion, m the same
estabUshcd throughout the United States a' way and Wllh lhe samo effect. asjhey might
uniform system of bankruptcy, as follows : All j liave becn such bankrupt ; and no suit corn
persons whatsoever, residing in any State, Dis- menced by oragatnst any assignee shall be a
trict, orTerritorv of tho United States, owing'bated by hls death r removal frcm office, but
debts, which shall not have been created ,n '. "e same may bo prosccuted or defended by
conscquenceofadefalcationas a public oflicer, b,s successor in the same offico; Provided,
or as executor, administrator, guardian, or!"OIOficer' That there shall be excepted from
trustce, or while acting in any other fiduciary 1 the operation of the provisions of this section
capacitv, who shall, bv petition. setting forth, tho necessary household and kitchen furniture,
to the best ofhis know'ledgo and belief, a Iist of ond such other articled and neccssanes of such
his or their creditors, thcir respective places of,
residence, and the amount
nt due to each, togeth-
cr with an accurate invcntory of his or their
property, rights, and crcdits, of evcry namc,
kind, and descriplion, and thc location and
situation of each and cvery parccl and portion
thercof. vcrified by oath, or, if conscientiously
scrupulously of taking an oath. by selomn af-
firniation, apply to tho proper court, as Iicrein.
aficr mentioncd, for the bctiefit of this act, and
thcrcin dcclare thcmsolvcs to be unablc to mect
their debls and engagcments, shall bo decmcd
bankrupts within the purview of this act, and
may be so declared accordingly by a decree of '
such court. All persons, bcing merchants, or
using llie trade of mcrchandise, all retnilers of
mcrclmniJiscH and all bankcrs. factors, brokers,
undorwriters, or marine insurers, owing debts
to the amount of not less than two thousand
dollars. shall be liablc to bccomo bankrupts
within lhe true intent and mcaning of this act,
and may, upon the petition of one or more of
thcir creditors to whom llicy owe debts amoun
ting in thc whole to not Icss than five hundred
dollars, to the appropriate court, be so declared
accordingly, in the folloiving cases, to wit :
whenover such person, bcing a merchantor
actually using the trado ot mercl;andise, or
being a retailcr of merchandisc, or boing a
bankcr, factor, broker, underwritcr, or marine
insurcr, shall depart from thc State, District,
or Territory of which he is an inhabitant, with
intcnt to defraud his creditors ; or shall con
ceal himself to avoid being arrested : or shall
willingly or fraudulently procure himself to be
arrested, or his goods and cliattles, lands, or
lenements. to be attachcd. distrained. seoues-
lered, or takcn in cxccution ; or shall remove
his goods, chattle, and efll'cts, or conccal them
to prevcnt their being lcvicd upon, or takcn in
cxecution, or by other proees ; or make any
fraudulentconvevance, assicnmcnt, sale, gift,
or other transfer ofhis lands, tcncments, goods,
or chattlcs, crcdits, or evidences of debt
Provided, however, That any person, so dc
clarcd a bankrupt at tho instance of a creditor,
rnay. at his clcctinn, by petition to such court
within tcn davs after its decree, bs entitled to a
trial by iury before such court, to ascertain the
fact of such bankruptcy; or if such person shall
rcside at a great distance from tho place of
holding sucli court, thc said judrrc, in his dis
cretion, may direct such trial by jury to bo had
in tne couniry 01 sucn person s rcsiuence, ib
such manner and under such directions as the
said court mav prescribe and civo : and all
such decrees passed by such court, and not so
re-examined, shall be deemed final and con-
clusive as to tho subject-malter thcreof;
Sec. 2. Jlnd be itfurlher enacled, That all
tuiure paymems, sccurities, conveyances, or
transfers of property, or agreements made or
given by any bankrupt in contemplation of
bankruptcy, and tor the purpose of giving any
creditor, endorser, surety, or other person any
prefcrence or priorty over the gencral creditors
ot such bankrupt ; and all other payments, se
curities, conveyances, or transfars of property
or agreements made or given by such bank
rupt in contemplation of bankruptcy, to any
person or persons whatever, not bcing a bona
fide creditor or purchascr for a valuable con
sideration, without notice, shall be deemed ut
terly void, and a fraud upon this act ; and the
assignee under the bankruptcyshall.be entitled
to claim, sue for, recoyer, and receive the same
as part of thc assets of tho bankruptcy ; and
tho person making such unlawful preferenco
and payments shall receive no discharge under
tho provisions of this act : Provided, That all
dealings and transactions by and with any
bankrupt, bona fide made and entered into more
than two. months before the petition filed a
gainst him, or by him, shall not be invalidatcd
or affected by this act : Provided, That the
other party to any such dealings or transactions
had no notice of a prior act of bankruptcy, or
the intention of the bankrupt to takethe benefit
of this act. And in case it shall be made to
appear to the court, in the course of the pro
ccedings in bankruptcy, that the bankrupt, his
opplication being voluntary, has, subsequent to
the first day of January last, or at any other
time, in contemplation of the passage of a
bankrupt law, by assignmen's or otherwise,
given or secured any preference to one creditor
over another, he shall not receive a discharge
unless tho same be asseiitcd to by a majority in
interest of those of his creditors who bave
not been so preferred : And provided, also,
That nothing in this act contained shill be
construed (to annul, destroy, or impair any
lawfiil rights of married women or minors, or
any liens, mortgagcs or other securities on
property, real or personal, which may .bo valid
by the laws of the State respectively, and which
aie not inconsistent with the provisions of the
sccond and fifth soction of this act.
i Sec. 3. And be it futther enacled, That all the
property and rights of property, ofevery namo
and nature, and whether rcal, personal, or
mixed, ofevery bankrupt, except as it is here-
I inafter providcd,who shall bv a decree of the
' . u j i j t i i .
'nrouer court be declared to be a bankrunt with
in this acl, shall, by mere operation oflaw, ipso
facto, frpm the tiine of such decree, be deemed
to be divested out of such bankrupt, without
any other act, assignment, orother conveyance
whatsoever : and the same shall be vested, by
force of the same decree. in such assienec as
from time to time shall be appointcd by the
proper court for this purpose ; which power of
r . . , i , .
appointment and removal such court may ex
ercise at its discretion, tolies quoties ; and the
assignee so appointed shall be vested with a'l
the rights, titles, powers, and authoritics to sell,
manage, and dispose of the same, and to use
for and defend tho same, subject to the orders
and directions of such court, as fully, to all in
tents and purposcs, as ifthe same were vested
in, or might be exercised by such bankrupt be
fore or at the time of his bankruplcy declared
as aforesaid ; and all suils in Ia or in equity,
then pending, in which such bankrupt is a party
may be prosccuted and defended by such as-
uttl n-' ul" .a,u suau ucsiguaio
anQ sel aPa" naving reierenco
in thc amount
to the family condition and cirumstances of
the bankrupt, but altogether not to cxceed in
an' case, thc sum of thrce hundred dollars ;
and also. the wearing apparel ofsuch bankrupt,
and that ofhis wifu and children : and tho dc
termination of lhe assignee in the matter shall,
on c.xceptioiis taken, be subject to the final de
cision of said court.
Sec. 4. Jlnd be it further enacled, That cvery
bankrupt who shall bona fide surrender all his
property and rights of property, with the excep-
tion betoro mcntionud, for the bencht of his
creditors, and shall fully comply with and obey
all the orders and directions which may from
time to lime be passed by tho proper court,
and shall otherwise confotm lo all thc other re-
quisitions of this act. shall ( unless a majoriiy
iu number and valuc ofhis creditors, who have
proved thcir dcb;s, shall file their wnttcn dis-
sent thereto) be entitled to a full discharge from
all his debts, to be decrccd and allowed by the
court which has declared him a bankrupt, and
a certihcato thercot grantcd to him by such
court accordinglv, upon his petition filed for
such purpose ; such discharge and ccrtificatc
not. however, to be granted until after ninely
days from lhe decree of bankruptcy, nor until
aficr soventy davs' noticc in some public news-
papcr, dcsignated by such court, to all creditors
who havc proved thcir debts, and other persons
in interests, to appcar at a particular time and
place, to show cause why such discharge and
certificatc shall not bc grautcd ; al which time
and place any such creditors, or other persons
in interest, may appear and contcst lhe right of
the bankrupt thereto. l'rovided, lhat in all
cases where the residence of the creditor is
knou n, a scrvice on htrn peraonally, or by let
ter addressed to him at his known usual place
of residence, shall be prescnbed by tho court,
as in their discretion shall sccm proper, having
rcgard to thc distance at which tho creditor
residos from such court. And if any such
bankrupt shalf be guilty of any fraud or wilful
concealmcnt of his proprcty or riKhts of
property, or shall havo prefhrrcd any of his
creditors contrary to the provisions of this act.
or shall wilfully omit or refusc to comply with
any orders or directions of such court, or to
conform to any other rcquisits of this act, or
shall in the proccedings ucder this act, admit a
false or fictitious debt against his cstatc, he
shall not bo entitled to any such discharge or
certificatc ; nor shall any person, being a mer
chant, bankcr, factor, broker, undcrwritcr, or
marine insurer, be entitled to any such dis
charge or certificatc, who shall bccome bank
rupt, and who shall not havc kcpt proper books
of account, after the passing of this act; shall
apply trust funds to his own use: Provided,
Lhat ao discharge of any bankrupt under this
act shall rclcasc or discharge any person who
may be liablc for thc same debt as a partncr,
joint contractor, endorser, surety, or otherwise
for or with the bankrupt. And such bankrupt
shall at all times bo subject to examination,
in and beforc such court, or any commission
appointed by the court therefor, on oath, or if
conscientiously scrupulous of taking an oath,
upon his solcmn affirmation in all mattcrs re
lating to such bankruptcy and his acts and
doings and his property and rights of property,
which, in the judgment ot such court, arc ne
cessary and proper for lhe purposcs of justice ;
and if in any such examination he shall wilfully
and corruptly answcr, orswearor affirm falsely
he shall bc deemed guilty ofpcrjury, and shall
be punishable therefor in like manner as the
crime of pcrjury i? n ow punishable by the laws
of the United States ; and such discharge and
certificatc, when duly granted, shall, in all
courts of justice, bc deemed a full and complete
discharge ofall debts, cont'acts, and other
agreements ofsuch bankrupt which are prove
able under this act, and shall be and may be
pleadcd as a full and complete bnr to all suits
broujiht in any court of judicature whatever,
and the same shall be conclusive cvidence of
itself in favor ofsuch bankrupt, unless the same
shall be impeached for some fraud or wilful con.
cealment by him of his property, or rights of
property, as aloresaid, conlrary to the provis
ions of this act, on prior reasonable notice
specifying in writing such fraud or conccal -
ment ; and it, in any case of bankruptcy, a
majority, in number and value, of tho creditors,
who shall have proved their debts at the time
of hearing of the petition of tho bankrupt for a
j: i t ? t (
uiscnarge os nereirioeiore proviaeo, snail at
such hearing file their written dissent to tho
allowance of a discharge and certificate to such
bankrupt, or if, upon such hearing, a discharge
shall not be decrced to him, the bankrupt may
demand a trial by jury upon a proper issue to
be directed by the court, at such time and place
and in such manner as the court may order ;
or he may appeal from that decision, at any
time within ten days ihereafter, to tho circuit
court next to bo held for the samo district by
simply entering in the district court, or with
tho clerk thereof, upon record, his prayer for
an appeal. The appeal shall be tried at the
first tcrm of the circuit court after it bc taken,
unless, for suficient reason, a continuanco bo
grantcd ; and it may be heatd and determined
by said court summarily, or by a jury, at the
option ofa bankrupt; and the creditora may
appear.and object against a decree of discharge
and the allowance of the certificate, as herein
before provided. And if, upon a full hearing
of the parlics it shall appear to tho satisfaction
of the court. or the jury uhall find, that the
bankrupt ha3 made a full dtsclosuro and sur
render ofall his cstate, as by this act required,
and has in all things conformed to the direc
tions thereof, the court shall make a decreo of
discharge, and grant a certificate. as provided
in this act.
Stc. 5. Jlnd be il furlher enacled, Tnat all cre
ditors coming in and provmg their debts uuder
such bankruptcy, in the manner hercafter pre-
scribcd, lhe same being bona fide, debls, shall
be entitled to sharo tn the bankrupt s property
and cffects pro rata. without any priority or
preference whatsoever, except only for debts
due by such bankrupt to tho United States, and
for debls duo by him to persons who by the
laws of the United States, have a preferenco. in
consequence of having paid moneys as his
surelics, which shall be first paid out of the as
sets : and any person who shall have preformed
any labor as an operative in the service of any
bankrupt shall be entitled to receive the full a-
mount of the wages due to him for such laDor,
not exceeding twcnty-five dollars : Provided,
That such labor shall have becn performed
within six months next before the bsnkruptcy
ofhis employer ; and all creditors whoso debts
are not due and payable until a luture dny, all
annuitants, holders of bottomry and respon-
dentia bonds, holders of pohcies insurances:
surcties of endorscrs, bail, or other persons,
having uncertain or contingcnt demands a-
gainst uch bankrupe shall l e permilted to come
in and prove such debts or claims unner inis
act, and shall have a right, when their debts
and claims become absolutc, to have tho samo
allowed them ; and such annuitants and holders
of debts payab'e in futurc may have the prcsent
valuc thercof ascertained, under tho direction
ofsuch court, and allowed them accordingly,
as debts in present ; and no creditor or other
person, coming in and proving his debt or
olher claim, shall bc allowed to maintain any
suitat law or in eauitv thereof, but shall bo
deemed thereby to havo wuived all right of
nction and suit against such bankrupt ; and all
proceedings already commencec, and nu un
satisfied judgments already obtained thereon,
shall bo deemed to be surrendered thereby ;
and in all cases whcre there are mutual debts or
mutual creditors between tho partics, the bal
anco only shall bo deemed lhe true debt or
claim between them, and the residuo shall be
deemed adjusted by tho set-ofT; all such proof
of tho debls shall be made bcrore the court oe
crceing the bankruptcy, or before some com
missioner appointed by the court for that pur
dosc : but sucn court shall havc full power to
set asido and disallow any debt, upon proof
that such debt is founded in fraud, lmposition,
illcrjality, or mistake; and corporations to
whom any debts are due may mako proof
thereof by their prcsident, cashier, trcasurcr. or
other ofncers, who may bo especially appointed
for lhat purpose ; an1 in appointing commis
sioncrs to rcceivo proof of debls. and perform
other dutics, under tho provisions of this act,
tho said court shall appoint such persons as
havo their residence in tho county m wr.icii
lhe bankrupt lives.
Sec. 0. And be il Jurlher enaclea, i nat tnc
district court in cvery district shall have juris
diction in all mattcrs and procecdingt in bank
ruptcy arising under this act and any other act
which may hcreafter bo passed on the subject
of bankruptcy ; tho said jurisdiction to be ex.
orcised summarily, in the nature of summary
proceedings in cquity ; and for this purpose
tho said district court shall bo deemed always
open. And tho district Judgo may adjouni
any point or question arising in any case in
bankruptcy into the circuit court for the district,
in his discretion, to be there heard and deter
mined ; and for this purpose tho circuit court
ofsuch district shall also be deemed always
open. And tho jurisdiction heroby confcrred
on the district court shall extcnd to all cases
and controversies in bankruptcy arising be
tween the bankrupt and any creditor or credit
ors who shail claim any debt or demand under
thc bankruptcy ; to all cases and controversies
between such creditor or creditors and the as
signee of the estate whether in offico or remov
ed; to nll cases and controversies between such
assignee and the bankrupt, and to all acts, mat
ters, and things to be done under and in virtue
of the bankruptcy, until tho final distributiou
ond settlement of tho cstate of tho bankrupl
and the closo of thc proceedings in bankruptcy.
and the said courts shall have full autbority and
jurisdiction to compel obedience to all orders
and decrecs passed by them in bankruptcj', by
process of contcmpt and other rcmedial pro
cess, to the same extent the circuit courts may
now do in any suit pending thercin in equity.
A nd it shall bo duty of the district court in each
district from time to time, to prescribe suitable
rules and regulations and formsof proceedings
inall matters of bankruptcy; which rules, regu
latioos and forms shall bo subject to bo altcred,
added to, rcvised, or annulled, by the circuit
court of the same district, and other rules, and
regulations. ond forms subslituted therefor; and
in all such rules, regulations and forms, it shall
be the duiy of the said courts to make them as
stmple and brief as practicab'e, to the cnd to
avoid all unneceesary expenses, and facilitate
the use thereof by the public at large. And
the said courts shall. from time to time, pre
scribe a tariffor table of fees and charges, to
be taxed by the ofncers of thc court or other
persons for services under this acl, or any oth
er on the subject of bankruptcy ; which shall
bc as Iow as practicable, with refl-rence to tho
nature and character of such services.
Sec. 7. And le it further enacled, That all
petilions by any bankrupl for the benefit of this
act, and all proceedings by a creditor agsinst
any bankrupt under this act, and all procced
ings in the case to the closo thereof, shall be
had within and for tbe district in which the per
son supposed to be bankrupt shallreside, or
have, his placo of busincss at the timo when
such petition is filed except whero otherwise
provided in this act. And upon every sucn
petition, notice thoreot sDaii De puonsneu m
one or morc public newspapers printed in such
district, to be designated by such court, at least
twenty days before the hearing thereof; and all
persons intorested may appcar at the time and
place where the hearing is thus to be had, and
show cause, it any they have, why the prayer
of the 3aid petitio'ner should not be granted ; all
cvidence to be used in all hearings before such
court shall be under oath, or solemn affirmation
when the party is conscientiously scrupulous of
taking an oath, and may be oral or by deposi
tion taken before such court, or before any
commissioner appointed by such court. or be
forc nny disintcrestcd Stale judge of tho Siato
in which the deposition is taken ; and all proof
of debts or other claims, by creditors entitled to
prove the same by thi act. shall be under oath
or solemn affirmation as aforesaid, beforc such
court or cotnissioner appointed theteby, or befnre
someJisinterested Stale judge of the State where
the crpditors live, in such form as may be prescn
bed by the rules and regulations hereinbefore
authorized to be made.and established by the
courts having jurisdiction in bankruptcy. But
all such prool'j of debts and olher c!aim3 shall be
onen to contcstalion in the proper court liavin;
jurisdiction overihe proceedings in the particular
case in bankruptcy; anu as weu me assignee as
the creditor shall have a right t a trial by jury,
upon an issue to be directed by such court, io
ascertain ihc valiiliiy and amount of such debis
or olher claims ; and the result theiein, unless
u new trial shall be granted. if in favor of the
claims. shall be evidcnce of the validity and
amount of such debts or other claims. And if
any person or persons shall falsely and corruptly
answer, swear or affirm, in any hearing oron trial
of any matter, or in any proceeding in sudi court
in bankruptcy, or bei'ore any commissioner, he
oi they shall be deemed guilty of perjury, and
punishable tneretor in tnc inanner and to the
extent provided by law for other cases.
Sec. 8. Jlnd beil further enacled, That the cir
cuit court within and mr lhe district where lhe
decree of bankruptcy is passed, shall have con
current jurisdiction with the district couitof the
same district of all suits at law and in cnuiiv
wbich may and sliall be brought by any assignee
of the bankrupt agaipst any person or persons
claiming an adverse interest, or by such person
against such assignee, touchin any ptopeny cr
light-' of property, of said bankrupl transferablc
to, or vested in, such assignee; and no suit at
law or ia equity shall, in any c.ise, be mainiaina
ble by or against such assignee, or by or against
any person claiminr;an adverse interest, toucbing
thc property and rights ot property aforesaid in
any court whatsoever, unless tlie same shall be
brousht wilhm two vears aiter the declantion
and Ilecree of bankruptcy, or after the cause of
suit shall nrst naveaccrued.
Sec. 9. Jlnd be itfurlher enacled, That all salcs,
transfers, and oihcr conveyances of the assignee,
of lhe bankrupt's property, or rishts of property,
sliaU be made at such times and in such manner
as shall be ordered and appointed by the court in
bankruptcy ; and all assets received by the as
signee in money shall, within eixty days after
wards be paid into the cnurt, subject to its order.
respecting its future safe-teeping and disposition;
and the court may require oj'such assignee a bond,
with at least two sureties, in such sum as it may
deem proper, conditioned for tbe due and faiih
ful discharge of all his dujies, and liiscompliancc
with the orders and directions of th; court; which
bond shall be taken in the namc of ihe United
States, and shall, if there be any breach thereof,
be sued and suable, under tlie order ofsuch court,
for ihe benefit of the creJitors and o'her persons
in interest.
Sec. 10. Jlnd be itfurlher enacled, That in or
der to ensnre a speedy settlement and close of the
proceedings in each cise in bankruptcy, it sball
be tlie duty of ihe curt to order and direct a
collection of the asseu, and a reduclion of the
same to money, and a disiribution thereof, at as
early pcriods as practicable consiatenlly wilh a
due reiiard to lhe interests of the creditors; nn-l
n dividend and distribution of such assets ns shall
be collected au l reduced to money, or so much
thereof as can be safelv so dispnsed of, consist
ently wiih lhe rights and interests of third per
son having adverse claims iherein, sfiall be made
ainong the creditors who have proved their debts,
as often as once iii six months from ihe lime of
the decree declaring ihe bankruptcy ; notice of
sucn uiviuenas ana uistriouiion to be givcn m
some newspaper or newspapers in tlie district, de
signated by the cnurt, ten daysat least b.-fore the
order iherefi r is passed ; and the pendency ofany
suit nt law or in equity by or against such ihird
persons shall not postpnne such division and dis
tribution, except so far as the assets may be ne
cessary to satisfy the same ; and all pruceediogj
in bankruptcy in er.ch case shrfll, if praclit-able,
be finally adjusted, settled and brong'it to a close,
by ihe court, within two yeais after the decree
declaring the bankruptcy. And whcre any cred
itor shall not have proved his debt until a divi
dend or distribution shall have been made and
declared, he shall be entitled to be paid the same
amount. pro rata, out of ihe remaining dividends
or distribulions therearter made. a3 thco her cred
itors have already received, bef re the latter shall
be entitled to any portion thereof.
Sec. 11. Jlnd beil further enacled, That the
assignee shall have full auihority, by and under
the order and direciion of the proper court in
bankruptcy, to redeem and discharge anr mort
gnge or other pledge, or df psite, or lien upon
any property, real or personal, whether payable
io prcsent or at a future day, and to ten.ler adue
performance of the conditinns thereof. And such
assignee shall have authoriiy, by and under the
order and direction of the proper court in bank
runlcv. to comDOund anr debts. or other claims
or securities, due or be'onging to the cstate of
the bankrupt ; but no such order or direction shall
be made until notice of ihe application is given
in some public newspaper iu the district, to be
designated by the court. ten days at least before
ihe hearing, so lhat all creditors and other persons
in interest may appear nnd sbow cause, if any
they have, ai the hearing, why the order or direc
tion should not be passed.
Sec. 12. Jlndbeit further enacled, Tha: ifany
person who shall have been discharged under
this acl shall afterwards become bankrupt, he
shall not sgain be entitled to a diVha-ge under
this act, unless hia estate shall produce (after all
charses) sufficient to pay every creditor sevcnty
five per cent on the amount of ihe debt which
shall bave been allowed to each creditor.
Sec. 13. Jlnd be it furlher enacled, That the
proceedings in all cases in bankruptcy shall be
deemed rnatters of record ; bui the same shall not
be required lo be recorded at large, but shall te
carefully filed, kept and numbered in the office of
the cnurt, and a docket only, or short memoran
duni thereof, with the numbers, kept in a bnok by
the clerk of the court ; and lhe clerk of the couit,
for affixing his name and the seal of the cnurt to
any form, or certifying a copy thereof, when re
quired thereto, shall be entitled to receive, as
compensation, the sum of twenty-fire cents, and
no more. And no officer of the court, or commis
sioner, shall be allowed by the court more than
one dollar for taking the proof of any debt oroth
er claim of any creditor or other person, ajrainst
lhe estate of the bankrupt ; but hemay be allow
ed, in addition, his aeiualtiavel expenses for that
Sec. 14. Jlnd be it Jurlher enacled, That where
two or more persons who are psrtners in trade-,
become insolvent an order may be made in jhe
manner provided in this act, eitheronthe petition
ofsuch partners, orany one of them, oron thepe
tiiion ofany creditor ol'the partners; opon wlnrh
orderall the jointstockand property of the compa
ny, and also all the sepatate estate of each of the
partners, shall be taken, excepting such paris
thereof as are herein excepted; and all tbe cred
itors of the compinT, and the separate creditors
ofeach ofthe partners, shall be allowed to prove
their respeciive debts; and the nssignees shall also
keep separate accounts of thejointstock or prop
erty ofthe company, and of the sepatate estate
of each member thereof ; and aflei deductingout
of the whole amount received by such ass:gnees,
the whole of ihe expenses snd disbursements
paid by them, the nett proceeds ofthe joint sicck
shall be appropriated to pay the creditors of the
company, and lhe nett proceeds of lhe separate
estate of each partner shall be appropriated to
p:iy his separate creditors; and if there be any
balance ofthe separate estate of any partner, after
U e payment ofhis separate debts, such balance
shall be added tn the joint stock, for the paymeni
of lhe joint creditors; and if there shall be nny
balance of the joint stock, after the payment of
the joint debts, such balance shall be divided and
appropriated to and among lhe separate estatcs of
the several pariners.according lo their respective
rights and iuterests therein. and as it would have
been ifthe partnership had been diwolved with
out any bankruptcy ; and the sum s appropriated
to lhe separate estate of each par ner shall be
applied lo his separate delits; and the certificale
of discharge shall be granted or refused to each
partner, as the same would oroughllo be il the
proceedings had been against him alone under
this act ; acd in all ntherrespects the proceedinss
against partners shall be conducled in the like
manner as if thev had been commenced and pros
ecuted against one person alone.
Sec. 15. Jlndbeit further enacled, Thatacopy
i ofanv decree ofbankiuntcv.and the appointment
of assignei 8 at directed by lhe tl.ird sectinn of
this act. shall be recited in every deed of lands,
btlonging to the bankrupl, sold and conveyed by
any assignees undt-t and by viriue ol this acl ;
nnd thai such rccital. tose'ther with a certified
copy ofsuch order, shall be full and cpmplete
cvidence both ot lue oannrupicy anu assignmem
therein recited, and supercede the necessity ot
any other proof of such bankruplcy anrt assign
ment lc validate the said deed ; and all deeds
containing such recital, and supporled by such
prool, shall be as effectual to nass the tiile of lhe
bankrupt of, in, and to lhe lands therein men
tiuned and described to the purchasei, as fully.
to all intents and purposcs, as if made by such
bankrupt himself immediately before such order.
Sec. 16. Jlndbeit furlher enacled, That all
jurisdiction, power, and authority confeired upon
and vested in the district court of lhe United
States by this act, in cases in bankruptcy, nre
hereby conlerred upon aDd vested in the circuit
court ofthe United States for the District of Ct
lumbia, and in and upon thesupreme and auperi
or courts ofany ofthe Territories of the United
States, in cases of bankiuptcy, where the bank
rupt resides in lhe said district of Co'umbia or in
either of the said Territories.
Sec. 17. Jlnd beil furlher enacled, That this act
shall lake -u"ect from and alter the first day of
February next,
Spcaker ofthe House of Hcprescnlaliva.
Presidcnl of the Senale pro tcmpore.
Apirjved, August 19,1341.
Pcmjc No. 7. J
AN ACT furthci to extcnd the time for locaiinrr
Virginw military land w-arrmts, and returning
the surveys thereon lo the Genera! Land office.
Be il enacled, (fC, That the first sectinn ofthe
acl entitled " an act tn extend the time for loca
ting Virginia military land warrants, and return
ing surveys thereoi: "to the General Land Office,'
appioved Julv 7th, eighteen hundred ai:d thiny
eiglit, as to all warranis issued prior to the lenth
day of August, eighieei. hundred and forty, and no
ot!iers,be. and lhe same is hereby revived, and io
continue in force until thc fiist day of Jinuary,
eighteen hundred and forty-four.
Approved, August 19, 1841.
The fathwi of Danibl Webstkk. Tn an
addrcss, some years ago, by Joscph Hopkinspu
beforc thc Zclosophic Society in Philadclphiu,
the orator thus alludcs to thc fathcr of Daniel
Webstcr :
"Tho fathcr of Daniel Wcbsfcf was tho
cultivator ofa few acrcs of land in New Ilamp-
shirc. He supportcd himself and his family
bvhis personal labor; Iiterally by thc swcat
ofhis brow. To a solfish and short-sightcd
view, hisson was dcstined for no higbcr cm
ployment ; and, had his fatliT rcasoncd as
selfish and short-stghted parcnts do, ho would
havc thought it to be time and money thrown
nw.iv tn havc rivcnhis son cducation beyond
j the wants of this situation, and would havo
i hurried him from his grammar and arithmctic
that he might have thc benefit of his labor in
the corn-ficld But he ncithcr rcasoncd nor
actcd thus. Hc affordod him the best and ftil
lest instruction. What a harvcst did this wbo
and cxccllent parcnt rcap ! when his son
rose to the high eminence he occupics with
what a consciousand noblc pride, with a heart
overflowing with rapturchc could say this w
thc fruit of the labor of roy hands ; this is tho
reward of my carc. The boy of the woo-.ls is
the man of the Nalion, giving honor to hw
country and rcceiving it from her his famo
andher famesprcad together to cvery part of
the civilizcd world. Who would dcpnvc him
self ofthe possibility ofsuch a gratification for
a sordid calculation ofthe time and expctwo
ofsuch an cducation 1"
Capitai. DiscovEiir. It has at last boen
discovercd that tallow will remove ink from
n..n TVilrp n rn.ndlo- melt it and din tho
soiled part in the tallow Wash it aflerwards.
and the ink will disappear without injuring tho
Gn.ii Thia rilsrnvprv w imnnrtant. as it will
- . j j
sfop domestic discord, and savo gcntlcmen u-
swgthcgooscquuiirom naving --iiiiiy uiuu-
Rritiah briffof war Fawnrcccntly arrived at
Berbice, having in chargo a Portugucso buttt
brig, which had been captured as a slavcr, at
tcr a chasc of cight hours. Tho log-book of
the Fawn fuinishcs thc following detail :
On the 19th of February, 1841, last. 22 30,
long. 40 West Cacopos, on the Coast of Bra
zil,ab.out 18 milcs, obscrved a large brig stan
ding in for the land, altered our course so as to
cut her off if possihlo. On approaching she
.appearcd not to havo the least idea of wjr be-

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