Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-09-04

a OF
to and forms snail be subject 70 be altered added
revised. anned, by circuit Of the dis
tric and other rules ana regulations and forms sabstitu
therefor; in rules, regulations,
shall be the duty the said courts 10 make them simple
aud brief practicable. the end 10 avoid all
~ expenses, and 10 facilitate the use teFeoi by the pu
large. said shall, from time
prescribe of fees and charges be by
the officers of the other persons for services under
thi act any the subject OF bankruptcy: which
fees shall be low practicable, with reference the
turs and character Of such services
.3pd be 1t further enacted, That all petitions
benefit OF this act
BY creditor against nv bankrupt this ac and all
proceedings in thu close Thereof shall be had
the dtrc. which the person supposed be ba lkrupt
shall reside or have his place OF business At ths time when
petition fled, except where otherwise provided
this And upon every such petition notice thereof
shall be published public Newspapers printed
in such district designated by such court,
twenty days before the hearing thereof; an all in
terested appear the time and place where the hear
thus to be had and show they have, why
the prayer OF the said petitioner should not De santed al
evidence by Witnesses De used iii all hearings before such
shall be under oath, solemn airnation when
party IS consclenou7y scruPuous OF taking an oath an
be oral by deposition, taken before such
before any disnteested State Judge of the State in which
the deposit is taken and all proof of debts other
claims by creditors entitled TO the same by this
shall be under oath solemn affirmation aforesaid, be-
lore such court OF apPonte thereby, or be-
fore dsin teFestei Judge of the State where the
creditors live, in such form may be prescribed by the
rules and regulations herelneore authorizes to be made
and established by thu having jurisdiction in bank
BIt all such proofs Of debts and Other claims shall
be condensation the proper having urisic
ton the proceedings il the particular in bankrupt
cy; and well the assignee the creditor shall have
right trial by jury, upon be directed by such
court, ascertain the validity debts
claims: auI the result therein unlesa trial
shall be granted fin favor of the claims shall be evidence
Of the validity and amount of such debts other claims
And any person persons shall falsely and corfupty
sver, or affirm, hearing trial of any
natter in proceeding in such Bankruptcy,
or before commissioner, tnoy shah lie deemed gull
ty of perjury, and punishable and
the extent provided by the law Of other
sec g. Ind be II further eHct3, That The circuit court
within aud or the district where the decree of bankruptcy
is passed, shall have jurisdiction with the dis
tc; court OF the same district OF all suits at law and III e.
1alty which may and shall brought by any assignee of
eae interest," Or by sueh person against such assignee,
touching any property said bankrupt transferable
csed in, such assignee and suit at law in equity
man. IN any case be mainaihabIe by or against such as
ee, or by or against any person claiming adverse in
crest touching the property and rights property aore
ad IN any court whatsoever, unless the same shall he
'roSht wint after the declaration and decree
bankruptcy, OF after the of suit shall have
Sa q Iad Il tt.er enacted. That all sales,
property and rights OF property. shall be made
ines aai il such shall be ordered and appointed
he assignee III money shall, within sixty days afterwards,
paid into the subject - its order respecting its fl
ae sae-kaepas ana disposition: and the may q
uiFs of such assignee bond, with At Least suretes,
such it deem proper, conditional for the due
yin the orders and directions Of the court; which bond
hall be taken ii the OF the initial Stats;- and SHALL
there be any breach thereof be sued and sucable,
order OF such court for the benefit Of the
:her persons III interest. :,
S2. 10. .3sli be further enacted That oaer to en-
speeds and close of proceedings in 7
ach il bankruptcies shall be The duty The n
rider and direct collection OF the assets and O
the noley, am distribution thereef !,
periods as practtcaa Die consistently with a regard to
Interests Of c-eiitIrs dvidsnl and dstribu-
on IF such assets as shall be collected ana reduced i, mo-
ay. much thereof safely disposed Of con Il
cnty th the rights and interests third persons %
ing adverse claims thereto snail be made among
oahs from the time Of the decree declaring bankrupt
= Of such dividends distribution be given ci
newspaper newspapers in the district dossna- m
% o the COURT ten days NJ tes' before the oiaF Is passed.
n the pealency of any suit at law in equity, by =
sans such third persons, shall not postpone such division
nd except 50 far as the assets may be nscessa n
satisfy the same; and all the proceedings bankrupt
in each case sha practicable, be finally aasted
ed ana Drought TO close, by the court "fl two years
fer me decree declaring the bankruptcy AnJ where any
editor saaH have proved his DEBT Until dividend DC
Thuiion shall have been made or declared, he shall be
titled be paid the pro rata, -
aiming dividends or distributions thereafter made, the
creditors have already received, before the latter shall
entitled to any portion thereof g
Sec Il. Ind be IL further enacted, That assignee re
all have full authority. BY order nd drec
on Of the proper court IN bankruptcy, re4eem dis
arse any mortgage other pledge, eposite lien up 10
any property, real personal, whether PAYABLE il pre-
Mi future day, AMI tender due performance 81 n;
conditions thereof And ouch assignee shall a!s
hoty, By and under tho order ana direction If The pro-
court IN bankruptcy, compound any debts, other u
aims securities, due belonging the of the
nku2t; but such order dizectoa shall be made ct
notice of the application given il public
per in the district be designated BY the days
least before the hea ing, that all creditors an! ether
fss III interest may appear anu snow cause II
We, hearing, Why direction saould no VI
passed. -
See T. And be f4rttef enacted, That if aly person
shall have haen discharged under this shall jo
ia become bankrupt, he shall again be entitled a
charge under this unless shall produce he
fer All charges) Sufficient pay every creditor a.
per cent the OF the de BIT which shn have
an allowed TO each creditor. "a
See. l3 And Be further enace9, That proceedings ~
al cases IL bankruptcy shall be deemed matters record
the shall be required recorded large, IL
shall be carefully fe4 keD, and numbered II tie once 4
the court. ard docket only, short memorandum So
rect, with the numbers kept book by the clark OF the
and the clerk Of the for axing his and gu
seal OF the any form. certifying copy there
when IiTcl thereto, shall be entitled he
a 81 s sum OF '@ea'y-.lse go al more \.
By the dollar taxing tae proof Of
deat other claim OF any creditor other person las
'n TIE estate OF the bankrupt; but he may be allowed, ii