Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-09-14

in the county in which the bankrupt
lives.
Sec. s. And be It further enacted,
That the district court in every dis
trict shall have jurisdiction in all mat
tersaad proceedings in bankruptcy
arising under this act and any other
act which may hereafter be passed on
the subject Of bankruptcy; the said ju-
rlsdiction to be exercised summarily,
u the nature Of summary proceedings
IN equity; and for this purpose the said
district court shall be deemed always
open. And the district judge may
adjourn any point OF question arising
in any case in bankruptcy into the cir
cult court for the district, in his discre
lion, to be there heard and determined;
and for this purpose the circuit court
ofsuch district shall also be deemed |
always open. And the jurisdiction
hereby conferred on the district court
shall extend to all cases and controver-
sizes in bankruptcy arising between
the bankrupt and any creditor or cred
ltors who shall claim any debt or de-
mand under the bankruptcy; to all ca
ses and controversies between such
creditor or creditors and the assignee
ofthe estate, whether in office or re-
moved; to all cases and controversies
between such assignee and the bankrupt
and to all acts, matters, and things to
be done under and in virtue of the
bankruptcy, until the final distribution
and settlement of the estate of the
bankrupt and the close of the proceed
ings in bankruptcy. And the said
courts shall have full authority and
Jurisdiction to compel obedience to all
orders and DEGREES passed by them in
bankruptcy, by process of contempt
and other remedial process,t6 the same
extent the circuit conrts may now do
in any suit pending therein in equity.
And it shall be the duty of the district
court in each district, from time TO time,
to prescribe suitable rules and regula-
tons and forms Of proceedings in all
matters Of bankruptcy; which rules,
regulations, and forms shall be subject
to be altered added TO, revised, or q n
!. nulled, by the circuit court ofthe same
district, and other rules, and regula-
Iations, and forms substituted therefor;
; and in all such rules, regulations, and
: forms it shall be the duty OF the said
5 courts. to make them as simple and
r riet as practicable, 10 the end to avoiC
! all unnecessary expenses, and to tacili
e tate tie use thereof by the public a
Il large. And the said courts shall, iron
d tirno to time, prescribe tariff or tabl
IS Of fees and charges, to be taxed by tn,
officers Of the court or other person
!, for services under this act, or any 9th
: er on the subject Of bankruptcy; whic
/ fees shall be as low as practicable, wit
i reference to the nature and characte
5, of such services.
: Sec. 7 AMI be 1t further enm,ted
a That all petitions by any bankrupt f
e the benefit of this act, and all petition
e by creditor against any bankrupt III
5, deTthis act, and all proceedings in cas-
Is to the close thereof, shall be had in tt
;, district court within and for the di
d trict in which the person supposed
;, be a bankrupt shall reside, or have h
$ place of business at the time whe
re such petition is filed; except Whel
IN otherwise provided in this act. An
e upon every such petition notice ther,
Of of shall be published in one or mo-
r, public newspapers printed in such di
r. trict, TO be designated by such cou
re at least twenty days before the hearir
xt thereof; and all persons intereste
r; may appear al the time and plac
1t where the hearing is thus 10 be la
Ill show cause, i'any they have, why Il
e prayer Of tie said petloher should II
IS be granted; all evidence by witness
ii, to be nsed in all hearings before sue
or court shall be under oath, or solem
b affirmation when the party is consc
le entiously scrupulous Of taking an oatI
n and may be oral orby deposition, take
I, before such court, or before any con
ie missioners appointed by such court,c
ID by any disinlerested State judge {
rs the State in Which tie deposition
e taken, and all proof of debts Or othe
1, claims, by creditors entitled TO prot
ID the same by this act shall be unde
IN oath or solemn affirmation as afore
r said, before such court or commits
Dt sioner appointed thereby, or befor
10 some disinterested State Judge OF tn
y State where the creditors liveyln sue
y form as may be prescribed by the rule
d and regulations hereinbefore authorz
D ed to be made and established by tn
Il courts having jurisdiction in bankrupt
J. cy. But all such proofs Of debl
,e and other claims shall be open t
IS contestation in the proper court havln
J. Jurisdiction over the proceedings
+ the particular case of bankruptcy; an
lie as well the assignee as the creditc
lie shall have the right to trial by jury
" upon an issue to be directed by sue
ii court to ascertain the validity an
ls amount of such debts or other claims
s. and the result therein, unless ne
LII L. o..,,toJ ;f;,, fouor rsf RI