Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-09-16

the bankrupt, and the close OF The proceed
ings in bankruptcy. And the said courts
shall have full authority and jurisdiction
to compel obedience TO all orders and de-
, crees passed by them 10 bankruptcy by
process OF contempt and other remedial
process, 10 the same extent the circuit
courts may now do Ia any sun pending
therein IN equity. And II shall DO The duty
OF The district court in each district, from
time ~ time, 10 prescribe suitable rules
and regulations aud forms oil proceedings
IN all matters of bankruptcy which rules,
regulations, and forms, shall be subject 10
be altered, added TO, revised, or annulled,
by the circuit court uf the same district,
and other rules and regulations, and forms
substituted therefor aud IN all such rules,
Regulations, and forms, 1t shall be the duly
OF the said courts TO make them as simple
and brief as practicable, othe endto avoid
all necessary expense S, and 10 facilitate
the use thereof by the public at large.
And the said courts shall, from time 10
time, prescribe tariff or table of fees and
charges, to be taxed by the officers OF the
court or other persons Tor services under
this act, or any other on the subject OF
bankruptcy which fees shall be as low
as practicable, with reference TO the ma
iure and character Of such services.
SEC. 7. And be ii further enacted, TIA,
all petitions by bankrupt for the benefit
of this act, and all petitions by a creditor
against any bankrupt under this act, aEd
all proceedings IN the cuse TO the close
thereof, shall be had in the district court
within and for the district, in which the
person supposed to be bankrupt shall
reside, or have his place Of business at
the time when such petition is flled, ex-
cept where otherwise provided IN this act.
Aud upoE every such petition, notice
thereof shall be published in one or more
public newspapers printed in such district,
10 be designated by such court, at least
twenty days before the hearing thereof,
and all persons interested may appear at
The time and place where tue hearing IL
ihus TO be had, and show Cause, II any
they have, why the prayer oil the petition
er should not be granted; all evidence by
witnesses to be used IN all hearings before
suca court shall be under oath, or solemn
affirmation when the partyis CONSCIENTIOUS
~ scrupulous Of taking an oath, and may
be oral or by opposition, taken before
such court, or before aey commissioner
appointed by such court, or before any
disnlerested State Judge Of the Stale III
which The deposition Is taken and all
proof of debts or other claims, by credt-
ors entitled TO prove the same by thus act,
shall be under oath or solemn affirmation
as aforesaid, before such court or commas
sIoner appointed thereby, or before some
DISTINGUISHED State judge OF the State
where the creditors ave, IN such form as
may be prescribed by the rules and regu.
la,ions herenbeiore authorized 10 be made
and esta oished by the courts having Jurs-
dicllon in bankruptcy. But all such proofs
Of debts aud other claims shall be open to
contestatlon IN the proper court, having
jurisdiction over the proceedings IN The
particular case IN bankruptcy and AS
we'll the assignee as the creditor shall
have a right to trial by jury, upon an Is
sue to be directed by such court. to ascer-
tain the validity and amount Of such debts
or other claims and the .esult therein,
unless a 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 ii any person or per-
SONS shall falsely and corruplly answer,
swear, or affirm, in any hearing or on tri-
al Of any matter, or III any proceeding IN
such court in bankruptcy, or before any
commissioner, he or they shall be deemed
guilty of perjury, and punishable therefor
4 nd, a
by law for other cas's.
SEC. 8. And be ii further enacted, That
the circuit court within and for the district
where the decree OF bankruptcy is passed,
shall have concurrent jurisdiction with the
district court OF the same district OF all suits
at law "a d in equity, which may aud shall
be brought by any assignee OF The bank
rupt against any person or persons claim.
ing an adverse interest, or by such person
against any such assignee, touching any
property or rights OF property OF SAID
bankrupt transferable TO, or vested in,
; such assignee, and no suit at law or in
equity shall, in any case, be maintainable
by or against such assignee, or by or
against any person claiming an adverse
, interest, touching the property and rights
Of property aforesaid, IN any court what
soever, unless the same shalt be brought
within two years after the declaration and
decree of bankruptcy, or after the cause
, of suit shall first have accrued.
SEC. 0. And be ii further enacted, That
all sales, transfers, and other conveyauces
: Of the assignee of the bankrupts proper
ty, shall be made at such times and IN
, such manner as shall be ordered and APP
pointed by the court in bankruptcy and
all assets received by the assignee IN mon.
ey shall, within sixty days afterwards, be
paid into the court, subject to It's order re-
speeding its future safe keeping and dispo-
, sliion and the court may require OF such
assignee a bond, with at least two sureties,
!. in such sum as j, may deem proper, condi.
TONED for the due and faithful discharge
Of all his duties, and his compliance with
the orders and directions OF the court ;
which bond shall be taken in the name OF
the United States, and shall, If there be
, any breach thereof, be sued and sueable,
under the order OF such court, for the
benefit Of the creditors and other persons
in interest.