Mobile register and journal., 1841-12-02


 a uniform system ol Bankruptcy in the U. States" is to take effect from and after the first day ol Februa- ry, 1SI2.
 The law, as now existing, has so many defects, as to enUn he attention of Congress to the subject on the earliest day oi the approaching Session. The all most universal approbatIom which has been given to the legislation the session this subject, assures that lime will be lost by the represent at'es ofte people, about to assemble, 10 give the system efficiency, and to remove the difficulties which exist, and which may interfere with the execution si the law.
 It has beon decided by large majority in both the Houses of Congress that the hosts of suffering and, almost hopeless debtors, who have been Tor many years prostIated by their msiortunes, shall have the relief ef d Bankrupt Law. This great princ'ple oi justice has been declared; but much remains 10 be done by legislation the application, and to give eeci to the purpose of the act. Speedy as well as permanent relief should be secured.
 The aw as it now stands cannot be fully executed. The iaprs imposed by it the Judges oi the Courts of the pnited States greater than they can per form! aad they are greater than should be imposed upon t1em. A daily Session of the District Judges of thA tsge Stateslwil not give the tune which the nultitt ofcases be brought forward will demand. The lvd ot applicants for the relief to be gwen o' the i'sR VIII Impede aud in many cases prevent H.
 The errors cf the system, established by the ac ure m aysigRing to the judges of the District Cour o the United States the performance of all the iinpor- iant duties for the of the laws in imposing on them judicial duties in every case, and in every part oi the progress of every thus calling the Judge for minute scrutiny and inspection oi all the papers and proceedings: This state of the law will, allowed to continue, make it abortve for the protection of creditors, and in contested will make it's execution almost impossible.
 Ourpurpose, at present Is to enumerate, briefly, the duties imposed the District Court by the law. In d future paper the subject we may suggest amendments, which may in part remove the existing difficulties.
 The District Judges receiving petition for the benefit of the law, and in the progress oi the case must frst decide, whether te application K by per- wp is entitled relief, and is within the provi- sions o the act; whether the application relates to person resident in the State, District or Townslp; and in cases of involuntary bankrupc, ar been com mted. In the last description of cases the inquiries be made by the District Court, often exceed- ingy intricate and always important. In such cases, on the application of the imputed bankrupt. trial by d jury m the District Court must take place.
 2 rie of debts due by the petitioner, must be shown to the Judge, debtors for breaches of and ,elilcations public oicers cannot ob- tain the benefits of the bankrupt law.
 3. Tie appointment oi an assignee IS to be made by the District Court; and the Cooperation of credi- tors in de choice and appointment, is mol provided for 'fAis duty imposes heavy obligations, and careful exercise ol the power given.
 1. The whole ut ihe acts and doings of the bank rupt in t,e course of his business may be specially brought nner the notice and examination of the Dis trict Court the application Ofa creditor; and OR the integrity fraudulent conduct of the debtor the Court must decide beiorea certificate of discharge can be < ven.
 D. Proof of the notices required by the law must be given to the satisfaction of the Court.
 6. Wien allegations of unlawful preferences by the bankrupt made, the District Judge is to quire int, em and proved, he is to ascertain the amount u the debts due the creditors the Court cannot give discharge without the consent of two thirds oi the creditors who have not been preferrc
 !. To he C urt is assigned tine duty, on exceptions the allowance by the assignee to the bankrupt, to decide the quantity, value and nature of the turni- ture which may be retained by the bankrupt.
 8. Although examinations ei the bankrupt ma, be made before Commissioner, the whole of the matters stated in the same must be returned to and passed upon by the Court.
 9. The CDlrt must inspect the list of the debts due by the baykrip, although the proofs pt debt may be
 10. This Involves and imposes the duty the Court to see that eyey debt is egaE and properly proved. The duties stated in Nos. and 10 are made absolute by the provisions of the fourth section.
 II. The creditors who have proved their debts may flo their dissent in writing to the allowance of discharge of ,he bankrupt, which hearing must take place before the Court; and if the discharge is refused, the bankrupt may have trial by jury at such time and place as may be appointed by the Court.
 12. The trial by a jury in the cases stated in No. Il must take place under special orders and in the manner directed by the rules of the Court.
 13. As by the 9th section of the act, the assignee to be appointed by the Court, is required to give curty for the faithful discharge of his duties, the Court must examine and decide on the suficieney the securities. f
 H. By the ninth section of the act, all monies re- ceived from the estates ofbankrupts by assignees to be paid into Court; and by the 10th section, the District Court is to order dividends to be made and to adjust all controversies for dividends.
 We have abstained in this enumeration from re- ference to the general duties of the District Courts under the law. They numerous and various as the matters which may into contest. The duties which have been particularized such may be called for in every case, and many of them must be performed in all the
 We may hereafter examine the law to point out other matter-enough has been shown to satis- fy every one, that as the system stands the Dis trict Judges of the United States are required to do more than can be performed, and the law will be to great extent unexecuted. The salaries paid to the Judges of the District Court, in the large commercial States, are now inadequate proportion to their du- ties. While a large augmentation of these salaries would be, even without the additional duties of the bankrupt law just and proper, with these duties it is matter of imperative obligation on Congress. But this act of justice would still leave the system difficult, if not impossible of execution.