Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-02-24

any other on the subject bankruptcy; which ICES shall
be ~ low practicable with reference 10 the nature and
character OF such services.
Sec l. Ind be II further enacted, That all petitions
by bankrupt for l. hertht Of this act. aud all e
TONS hs creditor against any bankrupt under this act.
aud all The proceedings the case To the close thereof
shall he had in the district within and or the dis
ct which the person supposed To be bankrupt shall
r,sdc have his place OF business at the time when
such petition is filed, except where otherwise provided
in this act. And upon every such petition. notice there
Of shall be published in public newspapers pm
ted m such district, 10 be- designated N Sncl court. al least
~ days before the hearing thereof and all pcrsous inter
est, may appear nj the Time and place where the hear
ng thus 10 be had. and show II any they have
why the prayer Of the SAID petitioner should not ho gran
he'd all evidence by witnesses 10 be used IN all hearings
before such shall be under oath, solemn ailirma
lion when the party conscientously scrupulous Of Ia
king a OATH and may be oral or b, deposition. taken
heCno snrch court before any commissioner ap"nrd
by such court. before any dlsintor scd State judy oi
the State in which the deposition Is lahcn; and all proof
o debts or other caim,s. by creditors cntiilcd Ia prove
the same by this act shall he under oa, or s'onn AMIR
mation aforesaid, before such court commissioner
appointed thereby or before ,,nu disincrstcd State
Judge OF the State where the creditors live, IN such irn
may be prescribed by the rule aud regulations hrrcn
before authorized To he made aud established by The courts
having jurisdiction in bankruptcy. but all such proofs
fdehis and other claims shall be open 10 eont,sla-
ton in the proper having jurisdiction the pro
c,lngs IN the particular cast of bankruptcy; and as well
the assguee the creditor shall hive right Ia trial
by jury upon issue 10 be- directed by such court I"
ascertain the validity and amount Of such debts other
claims and the result therein, unless new trial shall b.
granted If in favor Of the claims, shall be evidence oi the
validity and amount Of such debts other claims. And
any person persons shall falsely corrupt, answer
swear. affirm. IN any hearing or On trial oi any mat
ter, IN any proceeding in such court IN bankruptcy. ~
before any commissioner. he OF they shall L" deemed
guilty of perjury and punishable therefor IN the manner
and 10 the extern, provided by law t'r other cases.
See. y .lndbc further enacted. That the circuit
court within aud Tor the district where the decree III
bankruptcy is passed shall have concurrent jurisdiction
with the district Of the district 81 all suits n
law and equity which may and sha be brought by any
assignee OF the bankrupt against any person or persons
claiming adverse interest my such person against
such assignee. touching ANY property "r rights ol proper
" OF said bankrupt transferable To. vested IN, such
assignee, aud suit awor IN equity shall IN any
he mainlanablc by against such assignec by or
palisl person claiming adverse interest. touching
the property and rights al property aforesaid. IN an,
court Whatsoever unless the shall be brought with
IN Two years after the declaration and decree al bank
mplcy, OF after the cause of suit shall frs, have
cIucd.
Sec 0, and be II further enacted. That all SALES,
transfers. and other veyances Of the assignee oi the
banhrupS property aud rights 81 property. shall he made
at such times and in such manner shall b. ordered
and npppniclb by the cour, in bankruptcy; aud all assets
received by the assuucc shall, within siNiy
der respecting its future safe keeping and dispositions and
the court may require oi sn''l assignee bond WIN NJ
least two surctns. IN such sum as may deem pro
per conditioned Tor the due aud faithful discharge OF an
his duties and ms compliance WIN We "Iu'iS ana a
tetlos ol The court; WHEN b'nh sha' I" 'aAe" VI ''
name Of the nltcd States, and SHALL II there ho any
breach thereof be sued aud 'neahIe under inc "'"e' :"
such court, ior the benefit o The creditors ana o'f per
suns III interest.
Dec ~. ind he II Imiher enacted. hal III oidf 10
ensure speedy settlement and cosc OF the proceedings
in each case IN bankruptcy II shall be he do'y oi 'l'
court To order and direct collection oi the assets AMI
reduction OF the same To money, and distribution there
of, al as "a " periods as paccablc consistently with n
due regard 10 the Interests OF the creditors ana avn
dend and distribution oi such assets as shall be coie
ted and reduced to money or so much Thereof az can p
safely dispacd oi, consistently with the rght ana III
Of the third persons having adverse claims thereto.
shall be- made among the creditors who have proved tieI
debts as often in six months from the tlno OF the
decree declaring the bankruptcy notice OF such dividends
aud distribution 10 be gwen some newspaper OF nc"sm
pers the district dcslgnaledby the court ten days at
least before the order therefor is passed; and the pen
dsncy Of any suit at law or In equity by OF against such
third persons shall not postpone such and division ds'r
BUTTON except SO far the may be necessary To
satisfy the same and all the proceedings in bankruptcy
in each SHALL fparticabe, be finally adjusted, set
tied and brought cosc 10y the court. within two years
after the decree declaring the bankruptcy And where
any creditor shall have proved his debt until diy
dend OF distribution shall have been made and declared.
he shall be entitled to be paid the same amount pro rata
out Of the remaining dividends or distributions l'r' ai''
made, as the other creditors have a'ady received be-
fore the latter shall be entitled 10 any portion Thereof.
See H. .4nd be il further enacted, That the assignee
shall have full authority by and under the order and d.