The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1842-02-05

ses and controversies between. such as
sigDee and the bankrupt; and to all acts,
matters and things to be done under and
in virtue of the bankruptcy, until the fl
nal distribution and settlement of the es-
tate of the bankrupt, and the close ofthe
proceedings in bankruptcy. And the
said courts shall have full authority and
iuris fiction to compel obedience to all
orders and DEGREES passed by them in
bankruptcy, by process of contempt and
other remedial process, to the same ex-
tent the circuit courts may now do in /
any suit pending therein in equity. And
it Shall be the duty Of the district court,
from time to time, to prescribe suitable
rules and regulations and forms Of pro-
ceedings in all matters Of bankruptcy
which rules, regulations and forms shall
be subject to be altered, added to, revised
or amended, by the circuit court of the
same district, and other rules and egu-
Iations and forms submitted 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 practi-
cable, to the end to avoid all unnecessa.
ry expenses, and to facilitate the use
thereof by the public at large And
the courts shall, from time to time, pre-
scribe tariffor table of fees and char
ges, 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 practicable, with reference to the ma
ture and character of such services.
Sec. 7. lind be IL further enacted, That
all petitions by any bankrupt for the ben
eft of this act, and all petitions by cre-
dltor against any bankrupt under this
act, and all proceedings in the case to
the close thereof, shall be had in the dis
trict court within and for the district in
which the person supposed to be bank
rupt shall reside, or have his place of
business at the time when such petition
is filed, except where otherwise provi-
ded In this act. And upon every such
petition, notice thereof shall be published
in one or more public newspapers print
ed IN such district, to be designated by
such court, at least twenty days before
the hearing thereof; and all persons in
terested may appear at the time and
place where the hearing is thus to be had
and shew cause, If any they have, why
the prayer ofthe said petitioner should
not be granted; all evidence by witness
es to be used in all hearings before such
court, shall be under oath, or solemn af
firmation when the party is conscien
tiously scrupulous oftaking an oath, anc
may by oral or by deposition, take be-
fore such court, or before any commits
sloner appointed by such court, or before
any dlsInterested state Judge, and al
: proof OF debts or other claims, by credit
ors entitled to prove the same by this act
: shall be under oath or solemn affirma
ton as aforesaid, before such court Of
J commissioner appointed thereby, or be
/ fore some disinterested state Judge Of thu
!. state where the creditors live, in sucI
a form as may be prescribed by the rule
J. and regulations nereinbeiore AUTHORISED
J. to be made and established by the court
5 having jurisdiction IN bankruptcy. Blu
! all such proof of DEL is and other claim
r shall be open 10 condensation in the pro
e per court having Jurisdiction over tn
J. proceedings IN the particular case i
4 bankruptcy; and as well the assignee a
3 the creditor shall have right to tria
. by Jury, upon an issue to be directed b
!. such court, to ascertain the validity an
/ amount of such debts or other claims
> and the result therein, unless a ne
!. trial shall be granted, if in favor of tn
r claims, snail be evidence of the validit
H. -
Ut claims. And ifany person or persol
d shall falsIfy and corruptly answer, swea
h or affirm, in any hearing or on trial I
e any matter, or in any proceeding in sue
e. court in oankruptcy,o r before any cor
II missioner, he or they shall be deemt
N guilty of perjury, and punishable Their
ii for in the manner and to the extent pr
If vided Tor by law for other cases.
r Sec. 8. And be 1t further enacted, Tn
70 the circuit court within and for the di
- trict where the decree of bankruptcy
r. passed, shall have concurrent jurisdictit
ii with the district court of the same d
~ trict Of all suits at law and In equi
Ia which may and shall be brought by ar
10 ASST gnee of the bankrupt against al
,or person or persons claiming an adyer
a interest, or by such person against su'
e. assignee, touching any property
in rights of property of said bankru
We transferable to, or vested in, such ;
i. signee; and no suit at law or in equi
he. suaIl 10 any case, be maintained by
as against such assignee, or by or agail
in any person claiming an adverse intere
touching the properly and rights of P
ed perty aforesaid, in any court whatsot