Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-09-11
.uptcy, by process of contempt and other

ruptcy, by process of contempt and other
remedial process, to the same extent the
circuit courts may now do in any suit
pending therein in equity. And it shall be
the duty of the district court in each dis
trict from time to time, to prescribe suita-
BILE rules and regulations and forms of pro-
ccedings in all matters of bankruptcy;l
which rules, regulations. and forms shall be
subject TO be altered, added to, revised, or
annulled, 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 duty 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 said courts shall, from time
to time, prescribe tariff or table of fees
and charges, TO be taxed by the officers of
the court or other persons for services I'M
der this act, or any other on the subject of
bankruptcy; which fees shall be as low as
practicable, with reference to the nature
and character Of such services.
Sec 7. And be Il further enacted, That
all petitions by any bankrupt for the bene-
fiji of this act and all petitions by creditor
against any bankrupt under this act, and
all proceedings in the case to the close
thereof. shall be bad in the district court
within and for The district in which the
person supposed to be bankrupt shall re-
side, or have his place of business at the
time when such petition is filed, except
where otherwise provided in thisact And
upon 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 al the time
and place where the hearing is thus to be
bad. and show cause, if any they have,
why the prayer of the said petitioner
should not be granted; all evidence by wit
.nesscs to he used in all hearings before such
court shall be under oath, or solemn affirm
alton when the party is conscientious'y
scrupulous of taking an oath, and may be
oral or by deposition. taken before such
court. or before any commissioner appoint
ed by such court, or before any distintcr-
ested State Judge of the State in which the
deposition is taken: and all proof Of debts
or other claims by creditors entitled to
prove the same by this act, shall be under
oath or solemn affirmation as aforesaid,
before such court or commissioner appoint
ed thereby, or before some dsintercsted
State Judge of the State where the crcdi-
tors live, in such form as may be prescribed
by the rules and regulations hereinbefore
authorized to be made and established by
the courts having Jurisdiction in bank
ruptcy. But all such proofs Of debts and
other claims shall be open TO condensation
in the proper court having jurisdiction
over the proceedings in the particular case
in bankruptcy: and as well the assignee as
the creditor shall have right to trial by
Jury, upon an issue to be directed by such
court. to ascertain the validity and amount
Of such debts or other claims; and the re-
suit therein. unless a new trial shall be
granted, if in favor of the claims, shall be
evidence of the validity and amount of
person or persons shall falsely and corrupt
~ answer. swear, or affirm, in any hearing
or on trial of any matter or in any pro-
ceeding in such court in bankruptcy, or be-
fore any commissioner he or they shall be
deemed guilty Of perjury, and punishable
therefor in the manner and to the extent
provided by law for other cases.
Sec. s. And be 1t tm9her enocied, That
the circuit court within and for the dis
trict where the decree of bankruptcy is
passed, shall have concurrent jurisdiction
with the district court of the same dis
trict Of all suits at law and in equity which
may and shall be brought by any assignee
Of the ankrupt against any person or
| persons claiming an adverse interest or "
suct person against such assignee, touching
any property or rights of property of said
ankrurt transferable TO, or vested in, such
assignee; and no suit at law or in equity
shall, in any case, Il malntalna lie ~ or
against such assignee. or y or against any
person claiming an adverse interest, touch
ing the property and rights Of property
aforesaid, in any court whatsoever, unless
The same shall rought within Two years
after the declaration and decree Of ank-
ruptcy. or after the cause of suit shall i!rst
have accrued.
Sec. 8, AMI be il further enacted, That all
sales, transfers, and other cDnvcvances of
The assignee, Of the bankrup,'s pro erty and
rights Of property, shall be made at such
times and in such manner as shall be order
ed and appointed by the court in bankrupt
cy; and all assets received by the assignee,
in money shall, within sixty days after
wards, be paid into the court. subject to its
order respecting lis future safe-kccping and
dispositions; and the court may require of
slch assignee Il bond. with M least Two ST.