Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1841-09-16

cut court al such district shall be deem
ed always open. And the jurisdiction
hereby conferred on the district cour
shall extend to al cases and controversial,
IN bankruptcies. arising between the bank
| rupt aud all creditor or creditors whC
shall claim any debt or demand under tht
bankruptcy TO all cases and controver
sizes between such creditor and creditors
and the assignee Of the estate, whether in
Office or removal to all cases or contro-
Verses between such assignee and the
bankrupt, aud to all acts matters and
things 10 he done under and in virtue Of
the bankruptcy, until the final disiribu.
non aud settlement OF the estate OF the
bankrupt, and the close of the proceed-
lngs IN bankruptcy. And the said courts
shall have uIl authority aud jurisdiction
TO cOmpelt obedience to all orders and de-
creSs passed by them IN bankruptcy, by
process OF contempt and other cemed laI
process, 10 the same extent The circuit
courts may now do in any suit pending
therein in equity. And 1t shall be the
Z,
10 prescribe suitable rules and regulations
and forms Of proceedings ia all matters of
bankruptcy which rules regulations and
forms shall be subject to be altered, ad-
ded TO revised or amended, by the circuit
courr Of the same district, aud other rules
and regulations, and forms submitted
therefor aud in all such rules, regua,
tlonS and forms, II shall be the dIty OF
the said courts to make them as simple
and brief as practicable, to the end to
avoid all unnecessary expenses. and TO
facilitate the use thereof by the public at
large. And the court shall from time to
TO time, prescribe 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 other on the subject
OF bankruptcy ; which fees shall be as
low as prac ,Icable, with reference 10 the
nature and character OF such service.
SEE. 7. And be it further enacted, That
all petitions by any bankrupt for the ben
eft Of this act, and all petitions by a cred
tor against any bankrupt under This act
and ali proceedings in the case to the
close thereof, shall be had in the district
court within and for the district in which
the person supposed to be a bankrupt shull
reside, or have his place of business at
the time when snch petition is filled, ex
cept where otherwise provided in this act.
And upon every such petition, notice
thereof shall be published in one or more
printed in such district, to be
designated by such a court, al least TWEEN
y days before the hearing thereof and
III persons interested may appear at the
ime and place where the hearing is thus
o be had, and shew cause if any they |
AVE, way The prayer Of the said petition.
r should not be granted all evidence
y witnesses to be used in all hearings
elore such court, shall be undef oath, or
olemn affirmation when the party is con-
cIenliousIy scrupuIous Of taking an oath,
nd may be oral or Dy deposition, taken
eiore such court, or before any co nmls.
oner appointed by such court, or before
ny dislnlerested state Judge Of the state
which the disposition is taken and
u proof of debts or other caIns, bv
'edltors entitled 10 prove he same by
lls act, snail be under oath or solemn
.iirmalion as aforesaid, before such court
commissioners appointed thereby, or
fore some dlslnteres,rJ state Judge of
e safe where the creditors live, in such
rm as may be prescribed by the rules
I'd regulations herelnbe ore authorised
be made and established by the courts
,ving jurisdiction in bankruptcy. But q
such proofs Of debts aud other claims &
all be open TO the conteslatlOn in the e
oper court having jurisdiction over the l.
oceedlngs in the particular case in c
nkruptcy land as we'll the assignee as >
e creditor shall have right TO trial by Il
~, upon All issue to be directed by such I,
urt, to ascertain the validity and a.
cunt Of such debts or other claims and !
, result therein unless new trial shall d
granted, if in favor of the claims, shall 81
evidence Of The validity and amount Of |,
ch debts or other claims, And if any u
rson or persons shall aIseIy or cOrrupt~ u
answer, swear, or affirm, in any hear Il
, or on rial Of any matter, or in any b
,ceedlng in such court IN bankruptcy, 0
before any Commissioner, he or they 81
al be deemed guilty Of perjury, and /,
lhreior in the manner and TO 81
extent provided by law for other cas- t
SEC. 8. And be it further enacted, That c'
circuit court within and for the dis c'
Il where the decree oil bankruptcy is p
sed shall have concurrent jurisdiction d
h the district court OF the same district o.
all suits of law and in equity which a.
y and shall be brought by any ass gnee P'
he bankrupt. against any person or n,
sons claiming an adverse interest, or
such person against such assignee, pa
ching any property or rights Of pro- VI
'ty Of said bankrupt transferable to, or vi