Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-10-06

"eieoi may DO refunded To such party out Of the
| icient.
stll. All notices Of proceedings in Bankruptcy
which ere required by law TO be published il
newspapers, shall (until otherwise ordcred) be in
serted In ,he Staunton Spectator, newspaper
printed at Staunton, in the Western District OF
virginia, and (if necessary in such other paper
or papers, printed in the District, as the courI
| may, from time TO time, designate.
?'h. The party appearing to show cause a
galnst petition must file Il statement in writing
under oath, OF his objections. IL this be done "a,
the time appointed by he>notce, and before the
case is acted upon, the filing Of the same and
having 1t noted upon the record, shall be sutii.
Client notice thereof to the petitioner, but if tle
time to Show cause be enlarged, a copy of the
| oDecuons must be served on the party or upon
| his attorney.
iVih. ~ hen any proceedings arc ready there.
'"r, either party may proceed 10 take his proof
m''non' an order from the court, and such proof
snail be taken as prescribed by law, and accord
ing to the practice in other cases.
ilth. The court will, from tmo to time, and as
occasion may require, appoint commissioner in
each county in which a party may reside, who
may have been declared to be a bankrupt and IL
shall be the business of every such commissioner
10 receive proof of debts and other claims to take
dispositions of witnesses, to examine all bank
rupts within his county when necessary and pro.
per, and to adjust and settle the accounts of par
lies In matters in bankruptcy within his county.
isth. Each commissioner so TO be appointed
sai ncioTe he enters upon the duties of his office
TAX, TAKE the oath to support the Constitution OF the
United States, and an oath of office, that he will
dihgently, faithfully, and impartially, and to the
pest OF his skill and ability, discharge the duties
OF his said Office, which said oaths NAV be adj
minlstered in court by any Justice of the prace
tho District, and when administered by Jus
tlce OF the peace certificate thereof shall be du-
" made and the same shall be filed with the
clerk OF the court
l3tli. Proof of debts and other claims may be
mace ny ahdavi', sworn or affirmed to- before the
court, or any commissioner appointed therefor, or
before any disinteres;ed State judoe of the Star.
In which the creditor may live, and certified 10
nave Deen sworn to, &C., Ivy the court, or said
commissioner, or state judge, in the manner in
when such acts are usually certified hut, upon
good cause shewn, the personal attendance of any
creditor may be required by the court at tho proof
of his debt
l4ih. All such afiidavits shall be carefully pre-
served, and from time time be flied with the |
Clerk.
loth. When 1t is desired to have the personal |
examination Of q bankrupt before the cour, or a |
commissioner, petition, affidavit setting forth
eohciseiy, the reason or necessity therefor shall
DC presented 10 the court and if the examination [
Is allowed, an order shall be entered on the re-
cord directing the time and place therefor, and
w"c'her me same Shall be orally or on written |
personality or - 1o'i0"' "'v Usually !
to appear at the time and place desg- !
mated.
10TH Exceptions may be taken to the allow
ing or disalowing OF any debt or claim by any |
commissioner, In the manner in which exceptions |
are taken 10 reports of commissioners in chancery
proceedings.
l7th. The appointment OF assignee shall be by |
entry upon the record and certificate thereof UNI
der the seal of the court; which said certificate
shall be delivered to such assignee whenever he |
shall apply TO the clerk for the same.
18th. Every assignee shall, so soon as may be |
after notice of his appointment, proceed to set "a
part for the use of the Bankrupt, his necessary
household and kitchen furniture, and such other |
articles and necessities of such bankrupt as may
be proper to be set apart. having reference in the
amount to the bankrupt's family, his condition
and circumstances, but altogether not to exceed in
value the sum of three hundred dollars.
18th. In cases where the rules &c. hereby pre-
scribed do not apply and the provisions of the act
OF Congress do not forbid--the practice and
modes OF preceding. shall conform nearly as |
may be, to the present practice and modes OF pro-
ceeding in chancery cases.
goth. In all cases where petitions shall be filed
praying for discharge from debts and certii-
cate, and the residence of the creditors shall be
known, notice of the time and place Of hearing
said petitions shall be given to each creditor, by
letter deposited in some post-oIice, in addition to
the notice published in newspapers.
Copies-Teste,
NlCHO. X. TROUT, d. G.