Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-09-06

risdiction hereby conferred on the district court
shall extend to all cases and controversies in bank
ruptcY arising between the bankrupt and any cred
itor or creditors who shall claim any debt or de-
nand under the bankruptcy to all cases and con
troversies between such creditor or creditors and
the assignee of the estate whether in office or re-
moved to all cases and conirov ersies between
such assignee and the bankrupt, md to all acts,
matters, and things 10 be done under and IN viz
tue of the bankruptcy, until the final distribution
and setllemen; of the estate Of the bankrupt aud
the close OF the proceedings IN bankruptcy. And
the said courts shall have full authority aud juris
dicton to compel obedience to all orders and de-
crees passed by them III bankruptcy, by process of
contempt aud other remedial process TO the same
extent the circuit courts may now do IN any suit
pending therein in equity. And it shall lie the
duty OF the district court in each district, from
time to time, to prescribe suitable rules and regu
lations and forms of proceedings in all matters OF
bankruptcy; which rules, regulations, and forms
shall be subject to he altered added to, revised, or
annulled, Ivy the circuit court of the snme district
and other rules, and regulations, and forms substi'
tutcd therefor and in all such rules, regulations
and forms, it shall I've the duty Of the said courts
to make them rs simple and brief MS practicable
to the end to avoid all unnecessary expenses, and
to facilitate the Use thereof by the public at large
Aud the said courts SHALL from time to time, pre-
scribe tariff or table OF fees md charges, TO be
taxed by the officers ofthe court or other persons
for services under this act, or any other on the
subject of bankruptcy; which fees shall be as
low as practicable, with reference to the nature
and character of such services.
Sec. Z. And be ii further enacted, That all petit
tnns by my bankrupt for the benefit Of this act,
and all petitions by creditor against any bauk-
rupt under this ACT, and all proceedings in the case
to the close thereof shall he had in the district
court within aud for The district in which the per-
son supposed to he bankrupt shall reside, or have
his place of business ut the time when such pcti
ton is filed, except where otherwise provided in
this act. And upon every such pelion notice
thereof sholl be published in one or more public
newspapers printed in such district, 10 he desg
nned by such court, al least twenty days before
the hearing thereof; and all persons interested
may appear mt the tine and pncc where the hear
ing is thus to be lad and show cause if any they
have, why the prayer of the said petitioner should
not he granted all evidence hy Witnesses to be
used in all hearings before such court shall be I'M
der oath, or solemn affirmation when the party is
conscentiousy scrupulous at taking an oath, and
may be oral or by deposition, taken before such
court, or before any commissioner appointed by
such court, before any dsinteresGd State ju lge
OF the State in which the deposition is taken and
all proOt OF debts or other claims, by creditors
titled TO prove the 10y this act, shall he under
oaill or solemn affirmation as aforesaid, before
such court or commissioner appointed thereby, or
before some disinteresed State Judge OF the State
where the creditors live in such form may be
prescribed by the rules and regulations hereinbe-
fore authorized to he made aud established by the
courts having jurisdiction in bankruptcy But all
such proofs OF debts and other claims shall be o.
pen to contssaion in the proper court having ju-
risdicton over the proceedings IN the particular
case IN bankruptcy and as well The assignee as
the creditor shall have right to trial by jury,
upon an issue to We directed by such court. to as
cerain the validity and amount of such debts or
r,I, a a.
trial shall he granted, il in favor of tle claims,
shall he evidence Of the validity aud amount of
such debts or other claims. Aud if any person
persons shn falsely and corruply answer,
swear, affirm, in any hearing or on trial of any
matter, or in any proceeding in such court in
bankruptcy, or before any commissioner, he or
they shall be deemed guilty OF perjury, and pun
lshable therefor in the manner aud to the extent
provided by law Cor other
Sec. 8. INT be IL further enacted, That the cir
cult court within and for lie district where the
decree of bankruptcy is passed. shall have con
current jurisdiction with HE district court OF the
same district of all suits at law and in equity
which may and shall he brought by any assignee
OF the bankrupt against any person or persons
claiming an adverse interest, Or by such person n
ganst such assignee, touching any property or
rights OF property, Of said bankrupt transferable
TO, or vested in, such assignee and no suit ut law
or in equity SHALL in any cuse, he manan"b!e by
claiming adverse interest, touching the
property and rights of property aforesaid in any
court whatsoever, unless the same shall be brought
within two years after the declaration and decree
OF bankruptcy or after the cause OF suit shall first
have accrued.
Sec. 9. find be IL further enacted That all sales,
transfers aud other cOnveyances Of the assignee,
of the bankrutt's property, or rights of property,
shall be made at such times and in such manner
as shall be ordered and appointed by the court III
bankruptcy; and all assets received by the asst gu
ee in money shall, within sixty days afterwards be
paid into the court subject 10 its order, respecting
lis future safe-keeping and disposition and The
court may require of such assignee bond, with
at least two sureties, in such sum MS it may deem
proper, conditioned for the due aud faithful dis
charge of all his duties, md his compliance with
the orders and directions of the court which
bond shall be taken in The name # the United
States, and shall, il there be aly breach thereof,
he sued and suabe, under the order OF such court,
for the benefit OF the creditors and other persons
in interest.
Sec. 10. And be IL further enacted, That in order
10 ensure II speedy settlement aud close Of llIr
proceedings in each case in bankruptcy il shall
he the duty of the court to order and direct col
lection Of the assets, and II reduction OF the same
10 money and distribution thereof, nj MS early pc
RODS as practicable consistently with II due regard
In the interests OF the creditors: and dividend
and distribution of such assets as shall he collect.
ed and reduced 10 money, Or so much thereof ms
can be safely so disposed OF, consistently with the
rights and interests OF third persons having adj
verse clalms thereto, shall be made among the
creditors who have proved their debts, often as
once in six months from the time Of the decree
declaring the bankruptcy; notice OF such divi-
dends and dist ibulion TO he given in some news
paper or newspapers in the district designated by
the court ten days at least before the order there
for is passed and the tendency OF any suit at
law Or in equity, by or against such third persons,
shall not postpone such division and distribution,
except so far the nsses may be necessary 10 sat
isfy the same and all the proceedings in bunk
adjusted, settled aud brought TO close, by The
court within two years after the decree declaring
the bankruptcy. And where any creditor shall
not have proved his debt until a dividend or dis