Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-02-21

g. the district court
every district shall have Jurisdiction in all matters and proceed
nss IN bankruptcy arising under this act aud any other act which
may hereafter be passed tho subject of bankruptcy the said
jurisdiction be exercised summny in tho nature Of summn
y proceedings in equity and tor this purpose tho said district
may adjourn point question arising IN any case in bank
upcy into the for the district, in his discretion, to be
heard determined and for this purpose, the circuit
of such district shall also be deemed always open And
the Jurisdiction thereby conferred the district court shall
tend all and controversies bankruptcy osngbctwoon
the bankrupt and any creditor 81 To shall clam
between such creditor rcredors and the assignee Of
the whether office removed TO all and contro
verso such assignee and the bankrupt, all
matters and things be done under and in virtue of the bank
And the said courts shall hnye full nntbotity and jurisdiction 10
compel obedience all orders and DEGREES passed by them in
bankruptcy by process of contempt and other remedial process
pending therein equity And shall be the duty of the dis
tic court in each District from time to time prescribe suta
bic rules and regulations and forms Of proceedings in all matters
Of bankruptcy which rules regulations and forms sha be sub
oct altered, added revised annulled by the circuit
of the district and other rules and regulations and
forms substituted thorefo and in all such rules, regulations
simple and brief practicable to the end to avoid all
cossary expenses and to facilitate tho thereof by the public
large And the said cou shu from time time prescribe
tariff table Of fees and charges to be taxed by the officers
other on the subject Of bankruptcy which foes shall be- as low
practicable, with reference to tho nature and character OF
SIC. 7. and BE- further enacted, That all petitions by any
bankrupt for the benefit of this act and all petitions by crcd
the the close thereof shall be had tho district cout
within and for the district in which the supposed to he
bankrupt shall rcde have his place of business at the time
when such petition is fled where otherwise provided in
published public newspapers printed in such dis
iict bo designated by such court at least twenty days be-
at the time and place hearing had and
show cause if any thew have why the tho said petit
toner should be all evidence by witnesses to be
used all hearings before such shall be under OATH sol
affirmation when the party cnscntousy scupulous of
taking oath and may be oral by doposion taken before
such court or before any PPo9ea b sne court
deposition taken and all proof of debts other CLAIMS by
creditors entitled the same by this act shall he under
oath solemn affirmation aforesaid, before such
commissioner appointed thereby before dsnercsed
may be prescribed by the rules and regulations hcrenbcore
authorized to be made and established by the courts having u
sdcton bankruptcy But all such proofs of debts and other
claims shall be open TO conestaon in the proper court having
jurisdiction the proceedings in the particular in bank
uptcy and welth assignee the creditor shall have
right to trial by Jury upon an issue to be directed by such
claims and the result therein, unless trial shall be
granted in favor of the claims shall be evidence Of the valid
y and amount OF such debts or other claims And IT any
persons shall falsely and coupty answer swear a
firm, any hearing, trial of any natter any proceed
ing such court in bankruptcy or before any commissioners he
they shall be deemed guilty of perjury and punishable there
see g. and be further enacted That the circuit court
within and for tho district where the decree of bankruptcy is
passed. shall have concurrent jurisdiction with the district court
of the district of all suits law and equity which
and shall be brought by assignee of the bankrupt against
person persons claiming adverse interest," by such
person against such assignee touching any property rights of
property, of said bankrupt transferable vested such
gnee and suit at law in equity SHALL any case, be
mantana6e by or against such assignee by or against
claiming adverse interest," touching the property aud
rights of property aforesaid whatsoevct unless the
shall be brought within two years after the aon and
decree of bankruptcy after the of suit shall first have
SEC: 9. aNd be further enacted That all sales, transfers.
and other conveyances OF the assignee Of the hankup prop
erty, and rights Of property shall be made such times and
such shall be ordered and appointed by the court in
bankruptcy and all received by the assignee in
SHALL within sixty days afterwards, be paid the COURT sub
ect its order, respecting its future sakeepng and DISPOSE
ton und the may require of such assignee bond with
least sucies, such may deem proper,
doned for the due and faithful discharge Of oil his duties and
his compliance with the orders and directions of the which
bond shall be taken in the name of the United States and shall
there be breach thereof be sued and suabe under the
order OF such court for the benefit Of the creditors and other
persons in interest
speedy settlement and close of the proceedings each
bankruptcy it shall be the duty of the order and direct
collection of the assets und reduction of the
and distribution thereof at as carly periods practicable
sistent with due regard the interests of the creditors and
dividend and distribution of such shall be collected
and reduced to money, much thereof be safely
disposed of consistently with Tie rights and interests of third
having adverse claims thereto, shall be made among the
creditors who have proved their debts as often as once in six
notice of such dividends and distribution he given
days least before the order therefor passed. and the
of any a H ad p % in equity & or @saig
except the assets be satisfy the game;
tcab be finally adjusted settled and be brought close,
by the court within two years AFTER the decree declaring the
until advdend distribution shall have been made and
declared he shall be entitled to be paid the amount pro
rata out of the remaining dividends or distributions thereafter
mad the other creditors have already received before the
latter shall be entitled to any portion gTe o o,.0oo shall
have full authority by and under the order and direction of the
proper bankruptcy redeem ind discharge mort
other pledge, depose, lien upon any property
to tender due performance of tho condition thereof And
assignee shall also have authority by and
debts or claims securities, due belonging the
of the bankrupt but such order direction shall be
made until notice of the application given in some public
newspaper the district be designated by the court ten days
before the hearing that all the creditors and other
may appear and show they have
at tho hearing why the direction should be passed
shall discharged this act shall afterwards be-
bankrupt he shall not again he entitled to discharge
der act unless his shall produce latter all charges
sufficient pay every creditor seventy five cent the
of the debt which shall have been allowed to each cred
SEC 10. End be further enacted, That the proceedings in
shall be required be recorded large, but shall
be carefully fled kept and numbered in the Office Of the court
only, short memorandum thereof with the
bcrs kept in book by the and the clerk
the axng his and the seal of the court to
Mm certifying copy thereof when required thereto, sha
be entitled to receive compensation the sum OF
shall be allowed by the court than dollar for taking
the Of ANY a or pG the Sm any u 'IS s mn o,IS
in addition his actual travel expenses for that purpose
persons partners trade become nsolven orde
be made in the provided in this act either on the
any creditor of the partners upon which order all the join
stock and property of the and also all the separate es
thereof herein excepted and all the creditors Of th
lowed their respective debts and the assgnees sha
also keep accounts of the joint stock property
deductng of the whole received by suel
assgnees the whole of the and disbursements paid b.
te the nett proceeds Of the joint stock shall bo appropriated
the creditors Of the company and the nett Of
separate creditors and there shall be any balance of the
of any partner, after the payment of his separ
debts balance shall be added the joint stock, for tn
payment of the joint creditors and if there shall he bnanc
of the joint stock, after of the joint debts such bal
shall be divided and appropriated to and among the soa
estates of tho several partners according to their repecv
rights and interests therein, would have been the
nrship had been dissolved without any bankruptcy and tn
appropriated the estate of each shal
be applied the payment Of his separate debts and the ce
Of discharge shall be granted refused each partner
would ought be if the proceedings had been agns
him under this and in all other respects the
against partners shall be conducted the like
they been commenced against one poro
alone.
SEE Is. Ind be hurter enacted That copy of any deere
bankruptcy and the appointment of asgnee directed
the third section Of this shall be ecited in every deed
lands belonging the bankrupt sold and conveyed by
sgnces under and by of this and that such
together with certified copy of such order, shall be full an
complete evidence both Of The bankruptcy and assignment there
in reeed and the necessity OF any other proof
such bankruptcy and assignment validate the said deed
AL deeds containing such recital and supported by such proc
shall be as ehectua to the title of the bankrupt of in
to the lands therein mentioned described
fully all ntents and purposes made hy such