Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-09-17

conrovcrs between such creditor ar creditors and
the assignee o; the estate whether in Office or icov
ed 70 all cases and controversies between such as
sgnee aud the bankrupt and II al acts, matters, and
things 10 be 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. Aud the said courts shall have full
thorly and jurisdiction compel ODE fence TO all or
ders and DEGREES passed by item IN bankruptcy by
process of con emp and other remedial process, tn
the same extent the circuit courts may now do IN any
snt pending therein in equity And II shall G the
duty of he district cour in each district, from time
10 time TO prescribe Suitable rules and reg laticns
and form Of proceedings IN all matters Of bankrupt
cy which roles, tegaions, and forms shall be cub
ject TO lie altered added to- revised, annullcd, by
the Circuit court of the SAME dsrct and other rules,
ana regulations, and forms substituted therefor; and
IN all such RUSS regulations, and forms 1t shall he
I'll duty Of the said couiis 10 make them 81 nple
anl brci "a practicable, to the end TO avoid all unue
cessnry exper SOS and 10 facilitate the use thereof by
the public at large. And thu said conr shalt from
time to time, prescribe tariff or table of fees and
charges to be taxed by the officers of the court
other per ons for services under this act other
on the subject of bankruptcy which fees shall be
as as practicable wih reference to the nature and
C haracter of such services.
Sec. 7. And be further enacted, That all pcti-
tons by any bankrupt for the benefit of this act and
a petitions by creditor against any bankrupt under
this act, and all proceedings in the case to the close
for the district in which the person supposed 10 be
bankrupt shall reside, have his place of business
the time when such petition is filed, except where
otherwise provided in this act And upon every such
petition notice thereof shall be published in one or
more public newspapers printed in 'ch district, to
be designated by such court at least twenty days b.
fore the hearing thereof; and all persons interested
may appear the time and place where the hearing g
thus to be had, and show cause # any they have
why the PRAYER of the said petitioner should not be
granted all evidence bv witnesses be used in all
hearings hefoe such court shall be under oath, or
solemn affirmation when the party is concenliously
scrupu Gus of taking oath. and may be oral or by
deposition, taken before such court or bef re any
commits oner appointed by such court, before any
dsintcrestcd state Judge of the state in which the de-
position is taken; and all proof of debts or other
| claims, by ere tors entitled to prove the same BY
this act shall be under oath solemn affirmation rs
| aforesaid before such court commissioner appoint
ed thereby, or before disnerested state Judge of
the state where the creditors live in oh form as may
be pres rbed by the rules and regulations herein.
before authorized to be made and established by the
| courts having jurisdiction in bankruptcy. But all
such proofs Of debts and other claims shall he open
TO condensation in the proper court having jurisdiction
over the proceedings in the partcul' in bnnkrnr
cy; and as well the assignee the creditor shall have
right to trial by jury, upon issue to be rncted
by such court, to ascertain the validity and amount
of such debts other claims; and the result therein
unless new trial shall be granted, if in favor of the
claims, shall be evidence of the validity and amount
of such debts or other claims. And if any person or
n.
or affirm in any hearing trial of any matter, or
in any proceeding in such court in barkruptcv or
before any commissioner, he or they shall he deemed
guilty of perjury, and punishable therefor in the man
ner and to the extent provided by law for other cases
Sec g. And be Il further enact,I, That the circuit
court within and for the district where the decree of
ankruptcy spassed shall have concurrent jurisdiction
with the district co rt of the district of all suits
al law and IN equity which may and shall be brought
by any assignee the bankrupt against any person
or persons claiming an adverse interest, by such
person against such assignee, touching anv property
or rights ot property OF sad bankrupt transferable TO,
or vested IN such assignee and no suit al law in
equity shall, in any case, lie maintainabe by or
against such assignee by or against any per son
claiming an adverse interest touching the property
and rights of property aforesaid, in any court what
soever, 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. And be il further enacted That all sales,
transfers and other conveyances Of the assignee, Of
the ankrnpt property and rights Of property, shall
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 assignee money shall
within sixty days Afterwards he paid into the court,
SUBJECT to ts order respecting its future safekecpng
and deposition and the court may require Of such
assignee bond, with at least two sureties, in such
sum as nav deem proper, conditioned for the due
and faithful discharge of all his duties and his COM
which bond shall be taken in the of the United
States, and shall if here be any breach thereof be
sued and suabe, under the order Of such court for
the benefit of the creditors and other persons in
terest.
Sec 10. And be ii further enacted That in order
to ensure speedy settlement and close of the pro-
ceedlngs in each case in bankruptcy, il shall be he
duty of the co rt to order and direct collection of
the assets, and reduction of the same to money.
and distribution thereof at early periods as prac-
tcable consistently with due regard to the interests
of the creditors and dividend and distribution Of
such assets shall he collected and reduced to mo-
ney, or so much thereof can be safely so disposed
Of, consistently with the rights and interests Of third
persons having adverse claims thereto shall be made
among the creditors who have proved their debts, as
often rs onre IN SIX months from the time of the de-
cree de arlno the bankruptcy; notice Of such dvl-
dends and distribution to be gwen in newspaper
in the district, designated by the court, ten DAYS at
east before the order therefor is passed and the
pendcncv ofany sill, NJ INV or in equity, by against
such third persons shall not postpone such division
and distribution, except so far "a the assets nav be
necessary 10 s1tsfy the same; and all the proceedings
IN bank rlDcy IN each case shall # practicable, be
finally adjusted, settled and brought 10 a close, by
the court, within two after the decree declaring
the bankrunicv. And where any creditor shall rot
have proved his debt until dividend or Il strbution
shall have been made and declared, he shall he en-
titled u he pad the same amount pro rata, of the
remaining dvldrns or distributions thereafter made
as he other creditors have already received, before
the latter shall he entitled 10 any portion thereof
Sec. H. And be Il further enacted That the
assignee shall have full authority by and under tn .
order and direction of the proper court in bankruptcy
to redeem aud discharge any mortgage or other pled
ge or de 'oslte, or lien UPON any property, real or
personal, whether payable in present. or at future
day and 10 tender due performance of the cond
tons thereof And such assignee shall ais, have au-
horty, by and under the order and direction of the
proper court IN bankruptcy, 10 compound any debts,
or other cai NJ or securities. due belonging 10 the
estate of tho bankrupt; but no such order or direc
ton shall be made until noice Of the application is
gwen III some public newspaper in III" district, to be
designated by the court, n DAYS nj least before the
hearing, 80 that all creditors and other persons in
interest may appear and show cause, if any they
have, at the hearing why the order or direction
should not be passed.
Sec. II. And be Il further enacted, That If any
person who shal have been discharged under this act
shall af!erward become bankrupt, he shall not again
be entitled 10 dis barge under this act unless his
estate shall produce (after all chargea sufficient
pay every creditor seven,y-fvc per cent, on the
amount of the debt which shall have been allowed to
each creditor.
Sec. b. And be Il further enacted That the pro
ceedngs IN all cases IN bankruptcy shall be deemed
matters of record but the same shall not be required
10 be recorded AT large, but shall be carefully filed
kept snumbered in the Office Of the court, and