Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-06-20

tiiicate was allowed, any one of the udpes of IN,
court in which the judgment was Obtained, or ony
court, Judge, or JUSTICE within the district where
the bankrupt was detained, having power 10 A.
ward or allow the writ of habeas corpus, mightor
der his discharge,
No such provision nor indeed any provision
whatever on the subject, as | hive said is con
tanned in the existing bankrupt act and whether,
after the bankrupt has Obtained his certificate this
court can interfere in summary way in his be.
hall, and relieve him from Imprisonment on the
process OF state court, well against n cred-
tor who has not proved ms one that has proved his
debt, or whether the bankrupt must proceed by
motion, du1ite qered, or bill in equity as the case
may require, III the state courts il is not necessa-
ry nor do mean, now, 10 express any opinion,
1t may be well to observe however. that whatev-
er may be necessary to the fall aud complete ex-
erclse OF the jurisdiction conferred by the bank
rnpt act, this court has power to do or order to be
done. H. therefore, in any stage of the proceed
ihgs IN bankruptcy, the personal presence of The
bankrupt is necessary before the court or COM
missioner, the court may undoubtedly order him
to he brought up for the special purpose for which
he Is wanted, TO be remanded when the special
purpose is answered
ADDITIONAL RULES IN BANKRUPTCY.
70. Notices, required by Rule g. may be in the
form following, and service thereof must be pro-
we'd, either Ivy The return the Marshal, or by the
affidavit OF disinterested person.
Form Of Notice:
To A creditor of E d
BY order OF the District Court Of the United
States, for the District of Vermont, you are here
by notified, that my further petition in bankruptcy
for discharge and Certificate will be heard be-
fore said Conrt, nj he Court House in in
said District, on the day of 1874
! Dated at in said District, this day of
iS4
| Return or proof of Notice
DISTRICT OF VERMONT On this day
SIS. Sof LEA
at in said District, deposited in the post
office in said town, a copy Of the above notice,
addressed to such Of The creditors named by the
said d in his petition, whose names are
hereunto suhloined, by me directed to their sever
al and usual places Of residence, in conformity to
Rule 67, and the addition thereto of the District
Court of Vermont.
F Marshal,
or disinteresied person
Names of creditors notified:
of
Fertilization By disinterested person.
VERMONT DISTRICT, Subscribed s. sworn
S. to by The said c
F "a disinterested person, this day Of
Before me Justice Peace.
Upon each OF which letters on the sealed side
must be endorsed the words Bankrupt notice of
filling the blank with the name OF the
petitioner in whose case the notice is given.
In serving letter notices, on creditors, either by
the Marshal or by dsinlerested person, when
the debt is due to company or eopartnership,
the name of the firm, may be used alone without
designating the individual of the firm when due
to the estate of the deceased person, the address
may he, TO the executor, or administrator OF The
deceased, naming him, or when due to a corpora
ton, the name of the corporation may be used,
he uks A
tial error in the service OF letter notices, shall not
vitiate the service, if the name place, can be
fairly intended or understood.
"a. On the expiration OF notice TO show cause
why the petitioner should not be declared bank
rupt and proof of publication filed, and if no OBJ
iecuons or allegations against the petition filed,
the petitioner may take, and the clerk shall enter,
decree of bankruptcy in the case
rs Whenever party is declared bankrupt,
the clerk shall, soon practicable transmit or
cause TO be delivered to the assignee n certified
COPY of the decree of The court and any former
rule, prescribing different regulation, is hereby
rescnded.
76 So much of the seventeen rule heretofore
adopted, as requires The petition therein mention
ed 10 be presented 10 the Court, at least ten days
before the order for publication is moved thereon,
is hereby repealed.
II. Whenever notice is ordered to he given by
publication in n newspaper, the certificate of the
clerk that the order has been complied with, shall
be deemed sufficient evidence of the fact which
certificate shall be in the form folowing:-
/, A. b. Clerk OF the District Court of the Uni
led States for the District of Vermont, do certify,
that have inspected "a weekly news
paper, published at in the county OF
/, and state and that in the matter of c. ID.
a bankrupt notice pursuant TO the order Of said
, court dated the day OF in the year
has been regularly published, in time and man
ner, according said order aud the rules and reg
ulatons in bankruptcy,
, Dated
CLERK.
7S. After a decree OF bankruptcy, duly passed
and docketed the Bankrupt may forthwith apply
by petition TO the court, that notice DO given his
creditors aud other persons in interest," to appear
aud show cause why discharge and certificate
, be not granted him. On filing thereof an order
{ may be entered pursuant 10 form No. 9.
The following form Of application may be pur-
sued in substance;
To the District Court of the United States tor
: the District of Vermont:
{ A. b. of represents TO the court, that on
} the day of by decree Of this court, du-
" passed and docketed, he was declared a bank
8 rnpt; that he has in all things fully complied with
I aud observed the requirements OF The act OF Con-
gress, and the orders and regulations in this court
+, in this behalf and is furthermore ready TO fuh|
and obey all other orders aud directions Inc court
y may make therein.
Q The Petitioner thercupon, prays The court, that
s an order may be granted directing notice to be
t given, pursuant to the statute and rules OF lhi'
court to all creditors and other persons in interest
y to appear on day TO be designated by the cOGr
b and show cause, ifany they have why discharge
and certificate should not be granted the Petition
Q er as such Bankrupt. A. b., Bankrupt
: Dated, &c.
t 70. After the expiration of the day designated
: for showing cause why Bankrupt should not re-
n ceiye his discharge and certificate, If his rlgh
. thereto be not contested or has been decided ~
# his favor, he may forthwith present ms Psa",pn
Q therefor, stating concisey the Proceeaings e. ,ns
case and the acts OF the bankrop. ~ Soa' na
inv with the provisions Of the sia'ue' ana III ooe'
= dience to the orders Of the eoIr; dovs .osr 90
= oo heo'y ecrea of Bankruptcy, and being in
unds Or having satisfactory security therefor as
= .ns;ded in The fifiy.sevenh rule, shall he and
2 IHoNuo- ~. aba dockaI of The ranOrt