The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-09-14


an appeal. The appeal shall be tried at the
first term of the circuit court after it be taken
unless, for sufficient reason, continuance be
granted; and it may be heard and determined
by said court summary, or by jury, at the
option OF a bankrupt; and the creditors may |
appear and object against decree Of discharge |
and the allowance of the certificate, as herein I
before provided. And if, upon full hearing |
of the parties it shall appear 10 the satisfaction
of the court. or the jury shall find, that the
bankrupt has made full disclosure and sur
render OF all his estate, as by this act required,
and has in all things conformed TO the direc.
tions thereof the court shall make decree of
discharge, and grant certificate. as provided
in this act.
Sec. 5. find be ii further enacted, That all Gre
ditors coming in and proving their debts under
such bankruptcy, in the manner hereafter pre-.
scribed, the same being bona fide, debts, shall
be entitled 10 share in the bankrupt's property |
and effects pro rata. without any priority or
preference whatsoever, except only for debts
due BY such bankrupt TO the United States, and
for debts due by him TO persons who BY the
laws of the United States, have preference. in
consequence Of having paid moneys as his
sureties, which shall be first paid out Of the as
sets 4; and any person who shall have performed
any labor as an operative in the service of any
bankrupt shall be entitled 10 receive the full "a
mount of the wages due to him for such labor,
not exceeding twenty-five dollars: Provided,
That such labor shall have been performed
within six months next before the bankruptcy
Of his employer; and all creditors whose debts
are not due and payable until future day, all
annuitants, holders of bottomry and resPon.
denta bonds, holders of policies assurances,
sureties Of endorsers, bail, or other persons,
having uncertain or contingent demands a.
gainst such bankrupe shall g permitted TO come
in and prove such debts or claims under this
act, and shall have right, when their debts
and claims become absolute, to have the same
allowed them and such annuitants and holders
Of debts payable in future may have the present
value thereof ascertained, under the direction
Of such court, and allowed them accordingly,
| as debts in present and no creditor or other
person, coming in and proving his debt or
other claim, shall be allowed TO maintain any
suit at law or in equity thereof but shall be
deemed thereby TO have waived all right OF
action and suit against such bankrupt; and all
proceedings already commenced, and all un'
satisfied judgments already obtained thereon,
shall be deemed to be surrendered thereby;
and in all cases where there are mutual debts or
mutual creditors between the parties, the BAL
anco only shall be deemed the true debt or
claim between them, and the residue shall be
deemed adjusted by the set-off; all such proof
of the debts shall be made before the court de.
creeing the bankruptcy, or before some COM
missioner appointed by the court for that pur-
pose but such court shall have full power 10
set aside and disallow any debt, upon proof
that such debt is founded in fraud, imposition,
egality, or mistake; and corporations TO
whom any debts are due may make proof
thereof by their president, cashier treasurer. or
other officers, who may be especially appointed
/ for that purpose and in appointing commits
sioners 10 receive proof of debis and perform
other duties, under the provisions of this act,
the said court shall appoint such persons as
have their residence in the county in which
The bankrupt lives.
Sec. 6. And be it further enacted, That the
district court in every district shall have juris
diction in all matters and proceedings in bank
ruptcy arising under this act and any other aci
which may hereafter be passed on the subject
of bankruptcy the said jurisdiction to be ex-
ercised summarily, in 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 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 the circuit court
of such district shall also be deemed always
open. And the jurisdiction hereby conferred
on the district court shall extend TO all cases
and controversies in bankruptcy arising be-
tween the bankrupt and any creditor or credit
ors who shall claim any debt or demand under
the bankruptcy to all cases and controversies
between such creditor or creditors and the as
sifnee of the estate whether in Office or remov-
& ed; to all cases and controversies between such
assignee and the bankrupt, and TO all acts, mat
tiers, 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 proceedings 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 pro-
cess, TO the same extent the circuit courts may
now do in any suit pending therein in equity.
And it shall be duty of the district court in each
district from time &c time. TO prescribe suitable
rules and regulations and forms Of proceedings
in all matters of bankruptcy; which rules, regu-
la;ions and forms shall be subject to be altered,
added 10, revised, or annuled, by the circuit
court of the same district, and other rules, and
regulations. and forms substituted therefor; and
in all such rules, regulations and forms. it shall
be the duIy of the said courts TO make them as
simple and brief as practicable, TO the end to
T avoid all unnecessary expenses, and facilitate
the use thereof by the public at large. And
the said courts shall. from time to time, pre-
scribe tariff or table of fees and charges, to
be taxed by the officers of the court or other
persons for services under this act. or any 9TH